Ezel / Agency Decisions / arb-2020-0024-commission

Administrator, Wage and Hour Div. v. Lancaster Farms, Inc. (agency decision, May 22, 2020)

Administrator, Wage and Hour Div. v. Lancaster Farms, Inc. (DOL ARB 2020-0024): agency appeal dismissed by request

Decision type
agency decision
Dockets
ARB 2020-0024, ALJ 2018-TAE-00009
Decided
May 22, 2020
Outcome
Procedural
Precedential status
Citable agency precedent
Checked against source
2026-09-05
Official source
Read the official release
PDF
View Official PDF

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This is citable agency precedent from 2020, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

Currency note: this decision dates from 2020
The standards may have been amended, penalty amounts have been adjusted, and later agency or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ARB decision
This decision is a final action of the Administrative Review Board under 29 C.F.R. § 26.1(b), which provides that the Board acts as fully and finally as the Secretary of Labor for matters within its authority. The Board dismissed the Wage and Hour Administrator's appeal at the agency's request.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official agency release. The full text is the agency's own release.
Read the official release

Plain-English summary

The Board ordered the Wage and Hour Administrator to explain why its appeal in an H-2A enforcement case should not be dismissed because no petition for review had been filed. The Administrator responded that it had decided not to seek review of the ALJ's decision. It asked the Board to dismiss the appeal. The Board granted that request and dismissed the case without reviewing the ALJ's ruling.

Decision snapshot

  • Cited authority: 29 C.F.R. § 26.1(b)
  • Outcome: The Administrator's appeal was dismissed at its own request.
  • Key point: When the appealing agency decides not to file a petition for review, the Board may dismiss the appeal without reaching the underlying ruling.

Full text (DOL official public release)

U.S. Department of Labor Administrative Review Board
200 Constitution Ave, NW
Washington, DC 20210-0001

   IN THE MATTER OF:


  ADMINISTRATOR, WAGE                          ARB CASE NO. 2020-0024
  AND HOUR DIVISION, U.S.
  DEPARTMENT OF LABOR,                         ALJ CASE NO. 2018-TAE-00009

              PROSECUTING PARTY,               DATE: May 22, 2020

        v.

  LANCASTER FARMS, INCORPORATED,

              RESPONDENT.


                              ORDER OF DISMISSAL

         On May 13, 2020, the Administrative Review Board issued an Order to Show
  Cause allowing the Administrator to explain why this appeal should not be
  dismissed for failure to file a petition for review. On May 15, 2020, the Board
  received the Administrator’s response to the Order to Show Cause. The
  Administrator has ultimately determined not to petition for review of the decision
  of the Administrative Law Judge, and requests that his appeal be dismissed.
  Accordingly, this case is DISMISSED.

  FOR THE ADMINISTRATIVE REVIEW BOARD:




  Aubrey Gordon
  General Counsel

  NOTE: Questions regarding any case pending before the Board should be
  directed to the Board’s Paralegal Specialists by telephone at (202) 693-6200
  or by facsimile at (202) 693-6220

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