EAJA Awards (#214172)

Administrator v. Graham and Rollins, Inc. (original ALJ hearing) and In Re Graham and Rollins, Inc. (appeal case before ARB)
ALJ: 2018-TNE-00002 ARB: 2021-0047
U.S. Department of Labor
WHD
Leon R. Sequeira (counsel for Respondent Graham and Rollins, Inc.)
22,100.00
Adjudication
https://www.oalj.dol.gov/DECISIONS/ALJ/TNE/2018/In_re_GRAHAM_AND_ROLLINS_I_2018TNE00022_(MAY_19_2021)_122957_ATDEC_PD.PDF?_ga=2.255564171.207543743.1635438836-464036035.1635438836
The Wage and Hour Division (WHD) investigated Respondent for compliance with H-2B regulations. The WHD determined that Respondent had committed violations of the H-2B requirements, and Respondent requested a hearing with an Administrative Law Judge (ALJ). On June 26, 2018, the ALJ dismissed the case finding that the pertinent statute of limitations barred the proceedings.
Respondent filed an application for attorneys’ fees and costs pursuant to the EAJA. On May 19, 2021, the ALJ issued a Recommended Decision and Order Awarding Attorney’s Fees, concluding that the EAJA applied, and that the Administrator of the WHD failed to demonstrate that her position in the matter was substantially justified.