Federal agencies' role

The complainant and the named person must be parties in every proceeding. This requirement is stated in 1979.108(a)(1).

• Practical note: Even if other entities (including the Assistant Secretary or FAA) participate, the complainant and the named person remain the required core parties.

Yes — the Assistant Secretary may participate at any time either as a party or as amicus curiae. 1979.108(a)(1) grants the Assistant Secretary the discretion to participate in either role.

• Practical impact: The Assistant Secretary can join the case directly (as a party) or offer legal views to the court (as amicus curiae), depending on what is appropriate.

Yes — the Assistant Secretary may petition for review of an administrative law judge decision, including decisions based on settlement agreements, to dismiss a complaint, or to issue an order that implements settlement terms. This authority is explicitly provided in 1979.108(a)(1).

• Practical example: If a complainant and named person settle and the ALJ issues a decision based on that settlement, the Assistant Secretary still may seek review of that decision.

Yes — copies of pleadings in all cases must be sent to the Assistant Secretary, Occupational Safety and Health Administration, and to the Associate Solicitor, Division of Fair Labor Standards, whether or not the Assistant Secretary is participating. This requirement appears in 1979.108(a)(2).

• Practical tip: Filing parties should send duplicate copies to both offices and retain proof of service to document compliance.

Yes — the FAA may participate as amicus curiae at its discretion, and at the FAA's request parties must send copies of all pleadings in a case to the FAA, even if the FAA is not otherwise participating. See 1979.108(b).

• Practical impact: If the FAA requests copies, you must provide them for every pleading in the case.

You must send copies to the Assistant Secretary, Occupational Safety and Health Administration, and to the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, Washington, DC 20210, as required by 1979.108(a)(2).

• Practical tip: Use the full office names above when addressing mail; keep proof of delivery and exact dates sent.

Yes — the Assistant Secretary may participate regarding a settlement decision and may petition for review, dismiss the complaint, or seek an order covering the settlement terms. This is explicitly allowed under 1979.108(a)(1).

• Practical implication: A settlement between the private parties does not eliminate the Assistant Secretary's statutory right to intervene or seek review.

No — the regulation allows the Assistant Secretary to participate "at any time" in the proceedings, either as a party or amicus curiae, as set forth in 1979.108(a)(1).

• Practical note: Parties should assume the Assistant Secretary could intervene at early, mid, or late stages of the case.

Yes — if the FAA requests copies, parties must send copies of all pleadings regardless of whether the FAA is participating, as required by 1979.108(b).

• Practical tip: Track any written FAA request and maintain proof you provided the pleadings they requested.

No — 1979.108 specifically mentions the Assistant Secretary and the FAA; it does not grant the same copy-request authority to other federal agencies. See 1979.108(b).

• Practical note: If another agency requests copies, treat that as a separate request and consider confirming any legal obligation to comply, since the regulation only names the FAA.

The regulation requires that copies be sent, but it does not specify the method of delivery; therefore you must send the pleadings and keep proof of transmission (for example, certified mail receipts, delivery tracking, or a stamped copy). This follows from the requirement in 1979.108(a)(2).

• Practical tips: Keep electronic delivery confirmations, retain date-stamped copies, and log who received the documents to avoid disputes about compliance.

The regulation mandates that copies must be sent but does not specify a penalty or procedure for failure to do so; it simply requires compliance in all cases, as set out in 1979.108(a)(2).

• Practical guidance: Because the rule is mandatory, parties should promptly cure any omission by sending the missing copies and documenting the transmission; consult counsel about possible consequences in the specific proceeding.

Yes — the Assistant Secretary's right to participate includes the right to petition for review of an administrative law judge decision, regardless of whether participation is as a party or as amicus curiae, as described in 1979.108(a)(1).

• Practical implication: Even amicus participation can be accompanied by formal steps like seeking review when the Assistant Secretary deems it appropriate.