Administrator, Wage and Hour Div., USDOL v. Wyrick & Sons Pine Straw (agency decision, October 20, 2022)

Plain-English summary

An administrative law judge ruled on remand that Wyrick & Sons Pine Straw was not subject to the Migrant and Seasonal Agricultural Worker Protection Act. The Wage and Hour Division's Administrator requested thirty more days to consider whether to seek Board review. The Board extended the filing deadline to October 6, 2022. On that date, the Administrator notified the Board that she would not pursue an appeal and moved to dismiss. The Board dismissed the appeal without reviewing the coverage ruling or awarding money.

Decision snapshot

• Cited authorities: Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§ 1801–1872.
• Outcome: Appeal dismissed after the Administrator declined to petition for review.
• Key point: An extension to consider an appeal does not require the requesting party to pursue it.

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. 2022-0062 AND HOUR DIVISION, UNITED STATES DEPARTMENT ALJ CASE NO. 2015-MSP-00001 OF LABOR,
DATE: October 20, 2022
PROSECUTING PARTY,

  v.

WYRICK & SONS PINE STRAW,

        RESPONDENT.

For the Administrator, Wage and Hour Division:
Seema Nanda, Esq.; Jennifer S. Brand, Esq.; Rachel Goldberg, Esq.;
and Sayra A. Gordillo, Esq.; U.S. Department of Labor, Office of the
Solicitor; Washington, District of Columbia

For the Respondent:
Ronald Mowrey, Esq.; Mowrey Law Firm, P.A.; Tallahassee, Florida

Before GODEK and PUST, Administrative Appeals Judges

                        ORDER OF DISMISSAL

PER CURIAM:

  This case arises under the Migrant and Seasonal Agricultural Worker

Protection Act (the Act).1 On August 15, 2022, a United States Department of Labor Administrative Law Judge (ALJ) issued a Decision and Order on Remand (D. & O.),

  1     29 U.S.C. §§ 1801–1872.

2

in which the ALJ concluded that Respondent Wyrick & Sons Pine Straw was not subject to the Act.

On September 1, 2022, the Principal Deputy Administrator of the Wage and Hour Division of the United States Department of Labor (Administrator) filed an Unopposed Motion to Extend Time to Consider and Potentially File Petition for Review (Motion) with the Administrative Review Board (Board). In the Motion, the Administrator requested a thirty-day extension of time to file a petition for review of the D. & O. The Board granted the Administrator’s Motion on September 6, 2022, and ordered the Administrator to file a petition for review on or before October 6, 2022.

On October 6, 2022, the Administrator filed a Notice of Decision to Not File Petition for Review and Motion to Dismiss, in which the Administrator notified the Board she will not pursue an appeal in this matter. Thereafter, the Administrator moved to dismiss this case.

Accordingly, this appeal is DISMISSED.

SO ORDERED.

STEPHEN M. GODEK
Administrative Appeals Judge

TAMMY L. PUST
Administrative Appeals Judge