A Department of Labor in-house panel referred a case to Acting Labor Secretary Keith Sonderling over whether companies can seek compensation for litigation costs when victorious against the department in certain immigration enforcement cases.
The panel of four DOL administrative judges said in a notice that it would ask the secretary about if they should order repayment for Morton Concessions Inc.'s attorney costs in a dispute over the company’s H-2B visa workers.
Department regulations hold the DOL liable for these fees under “adversary adjudications” unless its position was “substantially justified,” the judges said in the notice.
According to the notice, ...
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