Administrative Review Board decisions

You must file a written petition for review within 14 days after the ALJ decision. The rule in 1980.110(a) requires a petition to be filed within 14 days of the ALJ's decision.

• The date of the postmark, facsimile transmittal, or electronic communication transmittal counts as the filing date. If you hand-deliver the petition, it is filed upon receipt. See 1980.110(a).

When you file a petition for review, you must serve the petition on all parties to the case and on the Chief Administrative Law Judge at the same time you file with the ARB. This service requirement is stated in 1980.110(a).

• In addition, copies must also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, as required by 1980.110(b).

If your petition for review does not identify the legal conclusions or orders you object to, those objections may be deemed waived. The requirement to identify objections is described in 1980.110(a).

• To preserve issues for review, state clearly which legal conclusions or orders you contest in your petition.

The filing date is the postmark date for mailed petitions, the transmission date for facsimile or electronic filings, and the date of receipt for hand delivery. This is set out in 1980.110(a).

• Keep proof of the postmark, fax transmission report, or electronic transmittal confirmation to document the filing date.

You must serve copies of the petition on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards. This service requirement is stated in 1980.110(b).

• Failing to serve these offices could affect the processing of the petition, so include them when you serve other parties.

If a timely petition for review is filed, the ALJ's decision becomes the final order of the Secretary unless the ARB issues an order accepting the case for review within 30 days of the petition. This rule appears in 1980.110(b).

• If the ARB accepts review, the ALJ's decision is inoperative unless and until the ARB adopts it. See 1980.110(b).

Yes — an ALJ's order of reinstatement is effective during ARB review unless the ARB grants a respondent's motion to stay the order based on exceptional circumstances. This is explained in 1980.110(b).

• The respondent must move the ARB for a stay and show exceptional circumstances to halt reinstatement during review.

The ARB reviews the ALJ's factual determinations under the substantial evidence standard. This standard is specified in 1980.110(b).

• Legal conclusions are reviewed de novo, while factual findings require substantial evidence to be overturned.

If no timely petition for review is filed, or if the ARB denies review, the ALJ's decision becomes the final order of the Secretary. This consequence is described in 1980.110(b).

• If no timely petition is filed, that resulting final order is not subject to judicial review, per 1980.110(b).

The ARB must issue its decision within 120 days of the conclusion of the hearing. That timeline is in 1980.110(c).

• The hearing is deemed concluded 14 days after the ALJ decision unless a motion for reconsideration is filed with the ALJ, in which case the conclusion date is when that motion is ruled on or 14 days after a new decision. See 1980.110(c).

The ARB will serve its decision on all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. This service rule is stated in 1980.110(c).

• The Assistant Secretary and Associate Solicitor will receive the decision even if the Assistant Secretary is not a party.

If the ARB finds a violation, it can order all relief necessary to make the complainant whole, including reinstatement with original seniority, back pay with interest, and compensation for special damages such as litigation costs, expert witness fees, and reasonable attorney fees. These remedies are listed in 1980.110(d).

• Interest on back pay is calculated using the rate under 26 U.S.C. 6621 and compounded daily, as specified in 1980.110(d).

Interest on back pay is calculated using the interest rate applicable to underpayment of taxes under 26 U.S.C. 6621 and is compounded daily. This calculation method is specified in 1980.110(d).

• Employers should apply the applicable tax underpayment rate and compound the computed interest daily when calculating back pay interest.

The ARB may require the respondent to submit documentation to the Social Security Administration allocating any back pay award to the appropriate calendar quarters. This requirement appears in 1980.110(e).

• This ensures the complainant's Social Security earnings record properly reflects the back pay periods.

If the ARB concludes there was no violation, it will issue an order denying the complaint. This outcome is stated in 1980.110(e).

• The ARB's order is subject to discretionary review by the Secretary under Secretary's Order 01–2020, as noted in 1980.110(e).

Yes — if the ARB determines on the respondent's request that the complaint was frivolous or brought in bad faith, the ARB may award the respondent reasonable attorney fees not exceeding $1,000. This remedy is provided in 1980.110(e).

• The award is discretionary and capped at $1,000 per 1980.110(e).

Yes — ARB orders are subject to discretionary review by the Secretary as provided in Secretary's Order 01–2020 (or any successor). This is stated in 1980.110(e).

• This means the Secretary may decide to review an ARB order even after the ARB issues its decision.