Administrator, Wage and Hour Div., USDOL v. O'Bryan Composting, LLC (agency decision, June 18, 2025)

Plain-English summary

The Wage and Hour Administrator alleged that O'Bryan Composting violated requirements of the H-2A temporary agricultural worker program. An administrative judge dismissed some claims and later entered default judgment against the company on the remaining claims. The Administrator appealed the partial dismissal but subsequently requested withdrawal after further consideration and in light of limited agency resources. The company did not oppose withdrawal. The Board granted the motion and dismissed the Administrator's appeal, while noting that the company's separate appeal remained pending.

Decision snapshot

• Cited authorities: 8 U.S.C. § 1101(a)(15)(H)(ii)(a)
• Outcome: Administrator's withdrawal granted; this appeal dismissed.
• Key point: Withdrawal disposed only of the Administrator's appeal, leaving the respondent's separate appeal pending.

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 AND HOUR                   ARB CASE NO. 2025-0052
DIVISION, UNITED STATES
DEPARTMENT OF LABOR,                           ALJ CASE NO. 2023-TAE-00005
                                               ALJ NATALIE A. APPETTA
           PROSECUTING PARTY,
                                               DATE: June 18, 2025
     v.

O’BRYAN COMPOSTING, LLC,

           RESPONDENT.

Appearances:

For the Administrator, Wage and Hour Division:
Jennifer Brand, Esq.; Sara A. Conrath, Esq.; and Katelyn J. Poe, Esq;
U.S. Department of Labor, Office of the Solicitor; Washington, District
of Columbia

For the Respondent:
Leon R. Sequeira, Esq.; Sequeira Bilby PLLC; Frankfurt, Kentucky;
Clifford R. Whitehead, Esq.; Ziemer, Stayman, Weitzel & Shoulders,
LLP; Evansville, Indiana

Before JOHNSON, Chief Administrative Appeals Judge, and KAPLAN, Administrative Appeals Judge

                           ORDER OF DISMISSAL

  This case arises under the H-2A provisions of the Immigration and

Nationality Act (INA), as amended, and their implementing regulations.1 The

1 8 U.S.C. § 1101(a)(15)(H)(ii)(a); 20 C.F.R. Part 655, Subpart B (2010); 29 C.F.R. Part 501 (2024). 2

Administrator, Wage and Hour Division, United States Department of Labor (Administrator), alleges that Respondent O’Bryan Composting, LLC, violated requirements of the H-2A temporary agricultural visa program.

  On February 5, 2025, a United States Administrative Law Judge (ALJ)

issued an order (February 5 Order) dismissing some, but not all, of the Administrator’s claims against Respondent. On March 31, 2025, the ALJ issued an order granting default judgment against Respondent on the remaining claims.

   After receiving two extensions, the Administrator filed a Petition for Review

of the ALJ’s February 5 Order on May 28, 2025.2 On June 11, 2025, the Administrator filed a Motion to Withdraw Petition for Review and Voluntarily Dismiss Appeal (Motion to Withdraw). The Administrator states that “[u]pon further consideration of this matter and in light of limited agency resources, the Administrator has determined not to pursue this appeal,” and, therefore, moves to withdraw its Petition for Review and asks the Board to dismiss this appeal. The Administrator states that Respondent does not oppose the Motion to Withdraw.

The Board GRANTS the Administrator’s Motion to Withdraw and

DISMISSES this appeal.

  SO ORDERED.




                              RANDEL K. JOHNSON
                              Chief Administrative Appeals Judge



                              ELLIOT M. KAPLAN
                              Administrative Appeals Judge

2 Respondent filed its own Petition for Review on May 28, 2025, which the Board has assigned ARB Case No. 2025-0065. That case remains pending with the Board.