4. Settlement posture changes – DOL has historically used the cost and burden of ALJ litigation to leverage settlements. The prospect of federal-court proceedings—often more time- consuming and expensive for the agency—could shift the balance in negotiations. Practical Takeaways for Employers • Assess your risk profile now – Use an H-2A filing agent like Western Growers H-2A Services to review your H-2A compliance practices, especially housing, meals, transportation and hour guarantees. Strong documentation and consistent adherence to job order terms remain your best defense. • Know your procedural rights – If cited for violations and ordered to pay civil money penalties or back wages, consider whether you can invoke Sun Valley to demand an Article III forum. • Coordinate with counsel early – Given the evolving legal landscape, legal strategy should be developed before deciding whether to settle, proceed before an ALJ, or challenge DOL’s forum in federal court. This decision is all the more important in light of the Department of Homeland Security’s Farmworker Protection Rule, in which findings of wrongdoing by DOL could later be used by USCIS to prevent employers from using the H-2A program.
• Monitor ongoing litigation – The Sun Valley reasoning could be adopted or rejected by other circuits, in which case the Supreme Court may ultimately resolve the split. Staying informed will help you adapt quickly. Why This Case Matters The Sun Valley Orchards decision is a watershed moment for agricultural labor law enforcement. For H-2A employers, it signals that the government’s long-standing administrative process for imposing substantial penalties may no longer be the final word. Understanding both your compliance obligations and your constitutional rights will be essential to navigating DOL enforcement. For questions about the Sun Valley Orchards decision or the H-2A program, contact the Western Growers H-2A Services team at h2a@wga.com.
One Size Does Not Fit All We understand that every market is unique. That’s why we develop hybrid fruit and vegetable varieties with traits and characteristics that are suited to different climates, growing conditions and consumer preferences.
To learn more, scan this code or visit bit.ly/BNUN-VARIETIES
Individual results may vary. ©Nunhems USA, Inc. 2025. All Rights Reserved.
7 Western Grower & Shipper | www.wga.com September | October 2025
Made with FlippingBook. PDF to flipbook with ease