Yusim v. Department of Labor

Summary

The Eleventh Circuit reviewed a petition challenging the Department of Labor Administrative Review Board’s handling of a retaliation complaint under the Surface Transportation Assistance Act. The court held that it lacked jurisdiction to review the Department’s discretionary refusal to intervene in the petitioner’s bankruptcy-related efforts. It also upheld dismissal of the retaliation complaint because the former employer was no longer operating or able to provide relief authorized by the statute.

Holdings

1. The court lacked APA jurisdiction to review the Department of Labor's decision not to intervene because intervention was not a discrete action that the agency was legally required to take.
2. The ARB's dismissal was not arbitrary, capricious, an abuse of discretion, or otherwise contrary to law because Midnight Sun was no longer operating as a business, had no assets from which damages could be paid, and therefore could not be an employer under the STAA at the time of the ARB's decision.
3. The STAA did not authorize the Department of Labor to provide the requested declaratory relief.

Questions Presented

1. Whether the Eleventh Circuit had APA jurisdiction to review the Department of Labor's refusal to intervene in Yusim's efforts to withdraw the reference of his STAA claim from the bankruptcy court.
2. Whether the ARB's dismissal of Yusim's STAA retaliation complaint was arbitrary, capricious, an abuse of discretion, or otherwise contrary to law because the employer was no longer operating and lacked assets from which statutory relief could be paid.
3. Whether the STAA authorized the Department of Labor or ARB to grant declaratory relief stating that Yusim accurately reported his hours.

Disposition

dismissed