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Supreme Court weighs Labour Department’s migrant worker protections case
Developing story first seen 2 hours ago
The Supreme Court heard arguments on Tuesday over how the federal government can recover damages when employers breach rules protecting migrant agricultural workers. The case could affect the enforcement of the H-2A programme, which sets conditions for hiring workers from abroad.
The dispute concerns Sun Valley Orchards, a New Jersey farm that was approved in 2015 to bring in 96 non-US workers. The Labour Department found the farm had violated programme requirements, citing misleading promises about accommodation, inadequate housing and transport, and improper deductions from wages.
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In short
- Supreme Court hears arguments over migrant worker protections.
- Case concerns alleged violations at a New Jersey farm.
- Sun Valley Orchards was approved to hire 96 H-2A workers.
How this story developed
- 35 minutes ago The case centres on Sun Valley Orchards, a New Jersey farm approved to hire 96 overseas workers in 2015, where the Labour Department found alleged breaches involving housing, transport, accommodation promises and wage deductions.
- 41 minutes ago The Supreme Court heard arguments on Tuesday in a case that could shape enforcement of the H-2A programme, which governs the hiring of migrant agricultural workers.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
The government needs effective ways to recover damages when employers breach protections for migrant agricultural workers; otherwise, workers may have little practical remedy and programme rules may be difficult to enforce. A broad recovery power could also help ensure that employers who comply are not undercut by those who do not.
The case against
The government’s authority to seek damages should remain within the limits Congress set, even when alleged violations are serious. A narrower interpretation could protect employers from uncertain or excessive liability and leave major changes to enforcement powers to lawmakers, while preserving remedies that are clearly authorised.
Explained simply
The H-2A programme allows US employers to hire temporary workers from abroad for agricultural jobs when they meet rules set by the federal government. Those rules cover conditions such as pay, housing and transport, and are intended to protect workers who may have limited options while working in the country.
The Labour Department oversees the programme and can investigate employers it believes have broken its rules. Sun Valley Orchards is a New Jersey farm that was authorised to hire 96 workers through H-2A in 2015; the department found it had failed to meet some programme requirements. The case concerns the government’s authority to recover money for harm caused by such breaches, which could shape how the programme’s rules are enforced.
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Originally published by Washington Examiner as “Supreme Court grapples with Labor Department case involving migrant worker fines”.