Cowles Thompson achieved a total victory for our 10 clients in a Department of Labor matter where debarments from the H-2B program were completely reversed.
An Austin, Texas colleague of Brian Farrington’s took on 10 H-2B clients who had been debarred from the H-2B program by the US Department of Labor (DOL) for periods of 3 to 5 years. The colleague asked Brian, who heads our Employment Law practice group, to handle the appeals in this matter. Prior to legal practice, Brian worked in the DOL Wage and Hour Division.
Brian filed appeals in all 10 cases, including a voluminous record, and was granted a hearing in front of a U.S. DOL Administrative Law Judge (ALJ). Hearings were held over six days. The ALJ completely reversed the debarments for all 10 clients, with no remand and no further consideration – a total victory for our clients. Without the ability to obtain future visa workers, these businesses would be severely impacted, and some said they could not stay in business at all.
Labor and Employment attorney Brian T. Farrington is a Shareholder and Section Head of the Cowles Thompson Employment Law section. His practice consists of transactional work and litigation advising and representing management concerning employment law, and particularly in the areas of Fair Labor Standards Act and Equal Employment Opportunity laws. He consults with employers to assist them in compliance and to represent them in investigations by the U.S. Department of Labor, Wage and Hour Division. He has been sought after as an Expert Witness and is a trained employment-related mediator.