Punching In: How Case on Agency Judges Impacts DOL, Immigration

Monday morning musings for workplace watchers.

SCOTUS Fallout|WIOA Opposition

Rebecca Rainey and Andrew Kreighbaum: The US Supreme Court’s decision last week curbing the Securities and Exchange Commission’s use of in-house courts is expected to ignite challenges against similar administrative law judge tribunals at federal labor agencies.

The 6-3 ruling in SEC v. Jarkesy found that defendants have the right to bring their case before a federal jury when the agency is seeking financial penalties. In particular, the court said the SEC’s anti-fraud provisions at issue in the case replicated “common law fraud” and that it was “well established” those types ...