Bloomberg Law
Sept. 8, 2021, 4:04 PM

Power of DOL Administrative Judges Faces Federal Court Challenge

Ben Penn
Ben Penn

A libertarian legal group is mounting a constitutional challenge of the U.S. Labor Department’s administrative law judges, arguing in a federal lawsuit that the internal trial court lacks authority to impose penalties against employers.

The Institute for Justice, a legal nonprofit focused on preserving individual liberty and curbing the government’s size and power, filed suit Wednesday in U.S. District Court for the District of New Jersey, appealing a decision from the department’s Administrative Review Board, a legal-review panel that hears appeals of rulings from DOL administrative judges.

The May 27 decision affirmed an administrative law judge’s holding that a farm ...

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