Subpart B
You must file a written petition for review within 14 days of the date of the Administrative Law Judge (ALJ) decision. The date of the postmark, facsimile transmittal, or electronic transmission is treated as the filing date; if you file in person or by hand delivery other means, the petition is considered filed on the date it is received. See 1982.110(a).
You must serve the petition for review on all parties and on the Chief Administrative Law Judge at the same time you file it with the ARB. This ensures proper notice to everyone involved. See 1982.110(a).
Your petition for review must identify the legal conclusions or orders of the ALJ to which you object; if you fail to identify those objections, they may be deemed waived. Clearly specifying the challenged legal conclusions or orders preserves your right to have the ARB consider them. See 1982.110(a).
Copies of the petition for review must also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards. Serving these officials ensures the Department of Labor is informed of the request for review. See 1982.110(b).
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 within 30 days accepting the case for review. If the ARB accepts the case, the ALJ’s decision is inoperative unless and until the ARB adopts it. See 1982.110(b).
Yes—an ALJ’s order of reinstatement will remain effective while the ARB conducts review unless the ARB grants a respondent’s motion to stay that specific order based on exceptional circumstances. This preserves the employee’s reinstatement pending review unless a stay is justified. See 1982.110(b).
The ARB reviews an ALJ’s factual determinations under the substantial evidence standard. This means the ARB will uphold factual findings supported by substantial evidence in the record. See 1982.110(b).
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; if no timely petition is filed, the resulting final order is not subject to judicial review. That means failing to file timely forfeits further administrative and judicial review. See 1982.110(b).
The ARB will issue its decision within 120 days of the conclusion of the hearing, which is generally deemed to be 14 days after the ALJ’s decision unless a motion for reconsideration is filed; if reconsideration is filed, the conclusion date is when the reconsideration is denied or 14 days after a new decision. This sets an expected ARB decision timetable. See 1982.110(c).
The ARB’s decision is served on all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, even if the Assistant Secretary is not a party. This broad service ensures all relevant Department officials and parties are notified. See 1982.110(c).
If the ARB finds a violation, it can order relief including affirmative action to abate the violation; reinstatement with the same seniority the employee would have had but for the retaliation; back pay with interest; and compensatory damages that include special damages, litigation costs, expert witness fees, and reasonable attorney fees. These forms of relief are intended to make the complainant whole. See 1982.110(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 method governs the post-award accrual on back pay amounts. See 1982.110(d).
Yes—the ARB’s order can require the respondent to submit documentation to the Social Security Administration or the Railroad Retirement Board, as appropriate, to allocate any back pay award to the correct months or calendar quarters. This helps ensure benefits and records are adjusted correctly. See 1982.110(e).
Yes—the ARB may order the respondent to pay punitive damages up to a maximum of $250,000. Punitive damages are discretionary and intended to punish particularly egregious violations. See 1982.110(e).
If the ARB determines, at the respondent’s request, that an NTSSA complaint was frivolous or brought in bad faith, it may award the respondent reasonable attorney fees not exceeding $1,000. This is a limited fee-shifting remedy for baseless claims. See 1982.110(e).
Yes—if the ARB accepts a case for review, it will issue an order specifying the terms under which any briefs are to be filed, including deadlines and formatting or page limits it requires. This provides a structured process for written submissions during ARB review. See 1982.110(b) and 1982.110(c).
After a timely petition for review is filed, the ARB has 30 days from the filing date to issue an order notifying the parties that the case has been accepted for review; if the ARB does not issue such an order within 30 days, the ALJ’s decision becomes the final order of the Secretary. See 1982.110(b).
If a motion for reconsideration is filed with the ALJ, the conclusion of the hearing is the later of the date the motion for reconsideration is denied or 14 days after a new decision is issued following reconsideration; this delays the ARB’s 120-day decision clock until the reconsideration process concludes. See 1982.110(c).
Compensatory damages may include special damages sustained as a result of the retaliation, such as litigation costs, expert witness fees, and reasonable attorney fees, in addition to other compensatory awards the ARB finds appropriate. These items are expressly listed examples of recoverable special damages. See 1982.110(d).
Yes—an ARB order is subject to discretionary review by the Secretary of Labor as provided in Secretary’s Order 01–2020 (or any successor to that order). This means the Secretary may decide to review and potentially alter ARB decisions in certain cases. See 1982.110(e).