Business Communications v. U.S. Dept. of Education, et al., No. 12-3081 (8th Cir. 2013)
Annotate this CaseBranden Mueller filed a complaint against BCI with the DOE alleging that BCI had terminated him after he complained about not being paid prevailing wages as required by the American Recovery and Reinvestment Act (ARRA), Pub. L. No. 111-5, 123 Stat. 115. BCI subsequently petitioned for review of the Secretary's order reinstating Mueller with back pay. The court concluded that BCI was deprived of its due process rights because it was never afforded a hearing and because the post-deprivation procedures available under section 1553 of the ARRA did not provide an opportunity for BCI to confront and cross examine adverse witnesses. Therefore, the court granted the petition and vacated the order.
Court Description: Petition for Review - Order of the Department of Education. Where an employee working on projects under the American Recovery and Reinvestment Act filed a complaint with the Department of Education alleging his employer had terminated his employment after he complained that he was not being paid "prevailing wages" as required by the Act, the Department violated the employer's due process rights by issuing an order requiring the employer to reinstate the employee with back pay without providing the employer a hearing; the post-deprivation procedures available under Section 1553 of the Act did not provide any opportunity for the employer to confront and cross examine adverse witnesses, thereby depriving the employer of an essential element of due process; the Department's order is vacated. Judge Murphy, concurring.
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