What happened to these farmers in New Jersey is a prime example showing why the administrative state needs to be drastically rolled back.
Joe and Russell Marino, owners of Sun Valley Orchards, found themselves at the wrong end of bureaucracy when their family farm was targeted by the Department of Labor (DOL) back in 2016 when the agency cracked down on the operation under false allegations of mistreating workers.
The brothers hired 17 Mexican H-2A workers to help with harvesting crops — particularly asparagus. The workers quit after one day of working in the fields, even though they indicated they had prior experience cutting asparagus. “They told my brother, Russ, ‘Asparagus cutting is not for us. We’re leaving,” Joe told AGWeb.
The Marinos didn’t think anything of it at the time. During an ordinary inspection, DOL agents accused the brothers of firing the workers. They demanded compensation for about three-quarters of their contracts.
But it didn’t stop there.
“The charges were insane,” Joe said. “And then they got crazier. They basically charged us with exploiting food from our own workers.”
While Sun Valley went through the H-2A application process, they had a choice to provide a kitchen for workers to prepare their own meals or to provide a meal plan. The company had a longstanding practice of providing on-site meals cooked by a crew member’s family.
Unfortunately, they had accidentally selected the “kitchen” option on the paperwork, which empowered the DOL to target them. “Our consultant checked the wrong box on the paper,” Joe said. “The wellbeing of our workers was vital to our operation and everyone’s success.”
I want to talk about some of the @IJ cases where we're challenging the use of agency judges -- cases that are going to be directly impacted by today's decision in Jarkesy. We filed an amicus in the Jarkesy case on behalf of all these clients.
— Rob Johnson (@FreeRangeLawyer) June 27, 2024
First up, Sun Valley Orchards.… pic.twitter.com/hTGWiuTc7y
Joe further stated that “There’s no way in hell we would steal their food or money. Outrageous and ridiculous.”
Nevertheless, the DOL imposed over $300,000 in fines for the supposed infraction.
What happened next represents one of the most glaring problems with the adminsitrative state. The brothers were subject to an adjudication process through the DOL, not an outside court. Essentially, bureaucratic agencies like the Labor Department handle these matters in house. This means all of the proceedings are handled under the agency’s umbrella. The agency has its own lawyers, investigators, prosecutors, and in-house judges to handle these types of cases.
Essentially, if one is going to emerge victorious when challenging a federal agency, it is the agency itself that will ultimately decide whether it was guilty of wrongdoing. Joe described the proceedings as a “Mickey Mouse trial” where they could not verify who was coaching the former workers who appeared remotely.
What is particularly galling is that the workers confirmed that they had left of their own volition and had not been fired. Yet, the Labor Department upheld the fines, which amounted to over $550,000. “I said to myself, ‘This can’t be America. This can’t happen here,’ but it did and it does,” Joe told AGWeb.
After the DOL denied the brothers’ appeal, it seemed the battle was over, and they had lost. Fortunately, this changed when the Institute for Justice got involved. The organization filed a federal lawsuit on their behalf in 2021.
The Marinos’ attorneys used the Supreme Court’s 2024 ruling in SEC v. Jarkesy, which held that when agencies impose civil penalties, citizens are entitled to a jury trial under the Seventh Amendment. This means an agency cannot act as its own investigator, prosecutor, and judge while slapping people with massive fines.
In July 2025, the Third Circuit Court of Appeals ruled in the plaintiffs’ favor, which means they will not have to pay the fines.
Unfortunately, Sun Valley Orchards, which had been the largest farm in Florida, was forced to close down due to overwhelming expenses. A significant chunk of these expenses was for legal fees to fight the DOL.
The administrative state is one of the government’s deadliest weapons against well-meaning businesses and individuals. Those who run afoul of a bureaucratic agency typically do not have the resources to fight back against the federal government. Even worse, they could not take their case to the court system, where they might receive impartial treatment. When you allow a government agency to fully control the process, the average person stands little chance of succeeding.
The Marinos were vindicated in the end. Unfortunately, their victory cost them their family farm. This is one of many reasons why the administrative state needs to be reined in.