Check out this unanimous opinion by Judge Schroeder. Which ends with:
"Our rulings likely come as no surprise to the parties. Two themes repeat themselves in the decade-long history of this dispute. The first is HTH’s defiance of the Labor Act and its employees’ statutory rights. The second is HTH’s consistent losses before the agency and the courts. A skeptical adjudicator
might question whether HTH has ever taken seriously its obligations under the law."
I'd add that you don't necessarily have to be skeptical to come to that conclusion.
