I’ve got a new piece at Reason on how the U.S. Department of Labor stepped over the line when — relying on an obscure “hot goods” provision of the 1938 Fair Labor Standards Act — it slapped an order on two Oregon blueberry growers forbidding them from selling their crop until they settled a (dubious) DoL demand for back pay for workers. Having no choice in this forfeiture-like situation, the growers went along, but when things were brought to a federal court’s attention, the Obama administration got slapped down hard. Further observations at Cato at Liberty.
We mentioned the case in October, and developments last year drew coverage critical of the Administration’s tactics from a Wall Street Journal editorial, Jared Meyer at Economics 21, and George Leef at Forbes. For contrary views, see Catherine Ruckelshaus of the National Employment Law Project in Salon, with typical let-us-reason-together Salon framing (“lies… disingenuous… lost its mind”); Fair Warning; and Sachin Pandya, Workplace Prof. More coverage of the recent settlement and dropping of charges: AP, Oregonian, Fair Warning, and Trey Kovacs/WorkplaceChoice.org. More: Daniel Schwartz noting October 2014 DoL fact sheet.