DC Circuit Dismisses Carnival Operator’s Agency Law Judge Appeal

A federal appellate court tossed an Oregon amusement park operator’s challenge to the Labor Department’s in-house judge system for lack of prosecution.

Butler Amusements claimed that sanctions issued by a DOL administrative law judge for violations of the H-2B visa program should have gone before a federal trial court. A US District Court for the District of Columbia judge dismissed the case last year, finding that those agency judges have authority to adjudicate disputes over the seasonal work visas.

Although the company cited the US Supreme Court’s decision in SEC v. Jarkesy in advancing the claim, the district court found ...