Administrative Review Board decisions

You have 14 days to file a petition for review. The time limit in 1984.110(a) requires a written petition to the Administrative Review Board (ARB) within 14 days of the ALJ decision.

• The date of the postmark, facsimile transmittal, or electronic transmittal counts as the filing date; if you file in person or by hand delivery, the petition is filed upon receipt. See 1984.110(a).

You must serve the petition on all parties and the Chief Administrative Law Judge when you file it with the ARB. The service requirement in 1984.110(a) requires that the petition be served on all parties and on the Chief Administrative Law Judge at the time it is filed with the ARB.

• In addition, copies must be served on the Assistant Secretary and the Associate Solicitor, Division of Fair Labor Standards, as described in 1984.110(b).

If you file a timely petition, the ALJ decision becomes the final order of the Secretary unless the ARB notifies the parties within 30 days that it has accepted the case for review. The process in 1984.110(b) explains that if the ARB accepts review within 30 days of the petition, the ALJ decision is inoperative unless and until the ARB issues an order adopting it.

• The ARB will notify parties within 30 days about acceptance for review and will set the schedule and terms for filing briefs if it accepts the case.

No — if no timely petition for review is filed or the ARB denies review, the ALJ decision becomes the final order of the Secretary and is not subject to judicial review. The finality rule in 1984.110(b) states that a final order resulting from no timely petition is not subject to judicial review.

The ARB reviews the ALJ's factual determinations under the substantial evidence standard. The standard in 1984.110(b) specifies that factual findings are reviewed for whether they are supported by substantial evidence.

The ARB must issue its decision within 120 days of the conclusion of the hearing unless a motion for reconsideration has been filed with the ALJ. The timeline in 1984.110(c) sets a 120‑day target for issuing the ARB decision, with the conclusion of the hearing normally deemed 14 days after the ALJ decision.

If a motion for reconsideration is filed with the ALJ, the conclusion of the hearing is the date the motion is ruled upon or 14 days after a new decision is issued. The timing rule in 1984.110(c) and the related provision in 1984.110(d) explain how the ARB counts the end of the hearing when reconsideration is involved.

Yes — an ALJ order of reinstatement will remain effective during ARB review unless the ARB grants a respondent's motion to stay that order based on exceptional circumstances. The rule in 1984.110(b) states that reinstatement orders are effective while the ARB conducts review unless stayed for exceptional circumstances.

The ARB can order relief that includes affirmative action to abate the violation; reinstatement with compensation, back pay, interest, and restoration of terms and privileges of employment; and compensatory damages including, if requested, costs and expenses such as attorney and expert witness fees. The remedies in 1984.110(d) describe these possible forms of relief.

Interest on back pay is calculated using the interest rate for underpayment of taxes under 26 U.S.C. 6621 and is compounded daily. The interest rule in 1984.110(d) specifies the use of the 26 U.S.C. 6621 rate and daily compounding.

Yes — the ARB's order will require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the appropriate period. The assignment requirement in 1984.110(d) ensures proper SSA reporting for wages and benefits.

The ARB will issue an order denying the complaint. The disposition in 1984.110(e) states that the ARB will issue an order denying the complaint when it concludes there was no violation.

Yes — upon the respondent's request, the ARB may award reasonable attorney fees if it determines the complaint was frivolous or brought in bad faith, but the award cannot exceed $1,000. The fee provision in 1984.110(e) sets this discretionary remedy and the $1,000 cap.

Yes — an ARB order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor). The discretionary-review note in 1984.110(e) explains this possibility.

The ARB must issue an order notifying the parties within 30 days of the filing of a timely petition if it accepts the case for review. The 30‑day notification rule in 1984.110(b) sets this deadline.

Copies of the petition must also be served on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. The service instructions in 1984.110(b) require these additional service recipients.

Yes — if the ARB accepts a case for review, it will specify the terms and schedule under which any briefs are to be filed. The briefing provision in 1984.110(b) authorizes the ARB to set briefing requirements.

A petition must identify the legal conclusions or orders to which the petitioner objects; otherwise those objections may be deemed waived. The content requirement in 1984.110(a) makes clear that objections not specifically identified in the petition can be treated as waived.