Administrative Review Board decisions

Under 1983.110(a), a petition for review must be filed within 14 days of the date of the ALJ decision. The petition is considered filed on the date of the postmark, facsimile transmittal, or electronic transmittal; if delivered in person or by hand, it is considered filed upon receipt.

• See the filing deadline and the rules for what constitutes the filing date in 1983.110(a).
• Serve the petition on all parties and the Chief Administrative Law Judge when you file, as required by the same section.

Under 1983.110(a), you must identify the legal conclusions or orders of the ALJ to which you object; failure to identify them may result in waiver of those objections.

• See the requirement to identify objections in 1983.110(a).
• Make your objections clear and specific in the petition so the ARB and other parties know what issues you seek to have reviewed.

Under 1983.110(a) and 1983.110(b), the petition for review must be served on all parties and on the Chief Administrative Law Judge when it is filed, and copies must also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

• See the service requirements in 1983.110(a) and the copy requirements in 1983.110(b).
• Make sure you serve everyone at the time of filing to avoid procedural challenges.

Under 1983.110(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 review, the ALJ decision is inoperative unless and until the ARB adopts it.

• See the effect of a timely petition and the ARB's 30-day acceptance window in 1983.110(b).
• Note the special rule for reinstatement orders (see next question) that may remain effective during review.

Under 1983.110(b), an order of reinstatement issued by the ALJ remains effective while the ARB reviews the case, unless the ARB grants a respondent's motion to stay that order for exceptional circumstances.

• See the reinstatement and stay rule in 1983.110(b).
• If you are a respondent seeking a stay, be prepared to show exceptional circumstances to justify suspending the reinstatement.

Under 1983.110(b), the ARB reviews the ALJ's factual determinations under the substantial evidence standard.

• See the review standard in 1983.110(b).
• Legal conclusions are reviewed de novo, but facts are reviewed for whether substantial evidence supports the ALJ's findings.

Under 1983.110(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, and if no timely petition was filed the final order is not subject to judicial review.

• See the finality and review bar in 1983.110(b).
• Timely filing is therefore critical if a party wants further administrative or judicial review.

Under 1983.110(c), the ARB must issue its decision within 120 days of the conclusion of the hearing, with the hearing deemed to have concluded 14 days after the date of the ALJ's decision unless a motion for reconsideration was filed in the meantime.

• See the 120‑day deadline and the definition of the conclusion of the hearing in 1983.110(c).
• If a motion for reconsideration is filed, the timing rules change (see next question).

Under 1983.110(c), if a motion for reconsideration of the ALJ decision is filed, the hearing is not deemed concluded 14 days after the ALJ decision; instead, the conclusion of the hearing is the date the ALJ rules on the motion for reconsideration or 14 days after a new decision is issued.

• See how motions for reconsideration affect the hearing conclusion in 1983.110(c).
• This means the ARB's 120‑day clock runs from that later conclusion date.

Under 1983.110(c) and (d), the ARB's decision must be served on all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor (even if the Assistant Secretary is not a party).

• See the service list for ARB decisions in 1983.110(c) and 1983.110(d).
• Make sure your contact information is up to date so you receive the ARB's decision promptly.

Under 1983.110(d), if the ARB finds a respondent violated the law, it can order relief including affirmative action to abate the violation; reinstatement with compensation (including back pay and interest), terms, conditions, and privileges of employment; and payment of compensatory damages and reasonable costs and expenses (including attorney and expert witness fees) at the complainant's request.

• See the scope of relief the ARB may order in 1983.110(d).
• Interest on back pay is calculated using the rate under 26 U.S.C. 6621 and is compounded daily, as specified in the same section.

Under 1983.110(e), if the ARB concludes the respondent did not violate the law, it will issue an order denying the complaint.

• See the denial outcome in 1983.110(e).
• A denial means the complainant receives no relief under the ARB's order.

Under 1983.110, a respondent who requests a determination that the complaint was frivolous or brought in bad faith may obtain an award of reasonable attorney's fees not exceeding $1,000 if the ARB so determines.

• See the fee award authority and $1,000 cap in 1983.110.
• Such an ARB order is subject to discretionary review by the Secretary under Secretary's Order 01–2020 (or any successor).

Under 1983.110(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.

• See the interest calculation rule in 1983.110(d).
• When calculating an award, apply the statutory tax underpayment rate and compound interest daily for the full back pay period.

Under 1983.110(b), within 30 days of a timely petition for review the ARB will issue an order notifying the parties whether the case has been accepted for review; if the ARB accepts review, the ALJ's decision becomes inoperative unless adopted by the ARB.

• See the ARB's 30‑day accept/deny procedure in 1983.110(b).
• Parties should monitor for the ARB's 30‑day notice because it changes the ALJ decision's effect.