Objections and hearing requests

You must file objections and/or a request for a hearing within 30 days of receipt of the findings and preliminary order. See 1982.106(a).

• The 30-day countdown begins when you receive the findings and preliminary order.

Your written filing must state whether your objections are to the findings, to the preliminary order, and/or whether you are requesting an award of attorney fees. See 1982.106(a).

• If you seek attorney fees under the NTSSA, say so in the same written filing and explain the basis (for example, that the complaint was frivolous or brought in bad faith).

You must file your objections with the Chief Administrative Law Judge, U.S. Department of Labor, in accordance with 29 CFR part 18. See 1982.106(a) and the general 1982 part for context.

• Follow the filing procedures in 29 CFR part 18 for form, service, and other procedural requirements.

You must serve copies at the same time on the other parties of record, the OSHA official who issued the findings and order, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. See 1982.106(a).

• Make sure service is timely and documented so you can show you complied with the service requirement.

The date of the postmark, facsimile transmittal, or electronic transmittal is considered the date of filing; if you file in person, by hand-delivery, or other means, the filing date is the date of receipt. See 1982.106(a).

• Keep records: save the postmark, fax receipt, email transmission confirmation, or a delivery receipt to prove timely filing.

If a timely objection is filed, all provisions of the preliminary order are stayed except for the portion requiring preliminary reinstatement, which is not automatically stayed. See 1982.106(b).

• This means other corrective actions ordered preliminarily are paused while the matter proceeds, but reinstatement normally takes effect immediately.

The preliminary reinstatement provision becomes effective immediately upon the respondent's receipt of the findings and preliminary order, regardless of any objections. See 1982.106(b).

• The immediate effect of reinstatement is separate from the stay that applies to other provisions of the preliminary order.

A respondent may file a motion with the Office of Administrative Law Judges asking for a stay of the Assistant Secretary's preliminary order of reinstatement, but a stay will be granted only based on exceptional circumstances. See 1982.106(b).

• Prepare to show compelling, exceptional reasons (such as immediate and severe business disruption or other extraordinary circumstances) when requesting such a stay.

If you do not file a timely objection with respect to either the findings or the preliminary order, the findings or preliminary order will become the final decision of the Secretary and will not be subject to judicial review. See 1982.106(b).

• Missing the 30-day deadline effectively waives the right to administrative or judicial review of those findings or orders.

A respondent who alleges the complaint was frivolous or brought in bad faith and seeks attorney fees must include that request in the written objections and/or request for hearing filed within 30 days of receipt of the findings and preliminary order. See 1982.106(a).

• State clearly that you are seeking an award of attorney fees and the factual basis (frivolous or bad faith) in the same filing that raises objections or requests a hearing.

Yes, an electronic transmittal is considered the date of filing for timeliness, so an electronic filing transmitted on or before the deadline is timely. See 1982.106(a).

• Retain the electronic transmission confirmation or timestamp as proof of the filing date.

If you hand-deliver the objections, the filing is effective upon receipt by the appropriate office. See 1982.106(a).

• Obtain a written receipt or signed stamp from the receiving office documenting the time and date you delivered the filing.

No, preliminary reinstatement orders are not automatically stayed when objections are filed; they become effective immediately unless a respondent obtains a stay for exceptional circumstances. See 1982.106(b).

• To delay reinstatement, the respondent must file a motion with the Office of Administrative Law Judges and demonstrate exceptional circumstances.

The party filing objections is responsible for complying with the procedural rules in 29 CFR part 18 when filing objections with the Chief Administrative Law Judge. See 1982.106(a) and the general 1982 part for context.

• This includes format, service, motion practice, and any other administrative hearing requirements set out in 29 CFR part 18.

You should file written objections within 30 days and explicitly state that your objections are to the preliminary order (and not to the findings), as required by the filing content rules. See 1982.106(a).

• Be specific in your statement so the record clearly shows which parts of the findings or order you contest.