Administrative Review Board decisions

You must file a written petition for review with the ARB within 14 days of the ALJ decision. See 1985.110(a).

• The petition must identify the legal conclusions or orders you object to (failure to identify may waive objections).
• The date of filing is the postmark date, facsimile transmittal date, electronic transmittal date, or the date of receipt if filed in person or by hand delivery.
• The petition must be served on all parties and on the Chief Administrative Law Judge at the time you file it with the ARB.

If your petition does not identify the legal conclusions or orders you object to, those objections may be deemed waived. See 1985.110(a).

• To preserve issues for review, clearly state which ALJ findings, legal conclusions, or orders you are challenging in the petition.

You must serve copies of the petition for review on the Assistant Secretary and on the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor. See 1985.110 and the document text describing service requirements.

• Make sure those copies are served at the same time you file the petition with the ARB to comply with service rules.

A timely petition makes the ALJ's decision the Secretary’s final order only if the ARB does not accept the case for review; if the ARB accepts the case within 30 days, the ALJ decision becomes inoperative unless and until the ARB adopts it. See 1985.110(b).

• If the ARB accepts the case for review, it will notify parties within 30 days of the petition filing.
• An order of reinstatement entered by the ALJ remains effective during ARB review unless the ARB grants a respondent’s motion to stay for exceptional circumstances.

The ARB has 30 days from the filing of a timely petition for review to issue an order notifying the parties that it has accepted the case for review. See 1985.110(b).

• If the ARB does not issue such an order within 30 days, the ALJ decision becomes the final order of the Secretary.

The ARB reviews the ALJ’s factual determinations under the substantial evidence standard. See 1985.110(b).

• This means the ARB will uphold factual findings if a reasonable mind could accept the evidence as adequate to support them.

If no timely petition for review is filed, or the ARB denies review, the ALJ’s decision becomes the final order of the Secretary and is not subject to judicial review. See 1985.110(b).

• Parties should be aware that failing to file a timely petition generally ends administrative and judicial review options under this rule.

The ARB must issue its decision within 120 days of the conclusion of the hearing, which is normally deemed to be 14 days after the ALJ’s decision unless a motion for reconsideration has been filed. See 1985.110(c).

• If a motion for reconsideration is filed, the conclusion of the hearing is the date that motion is ruled on or 14 days after a new ALJ decision is issued.

The ARB can order 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 if requested. See 1985.110(d).

• Interest on back pay is calculated using the rate under 26 U.S.C. 6621 and is compounded daily.
• The ARB’s order may also require the respondent to provide documentation to the Social Security Administration allocating back pay to the appropriate calendar quarters.

Interest on back pay is calculated using the underpayment-of-taxes rate under 26 U.S.C. 6621 and is compounded daily. See 1985.110(d).

• Use the current applicable IRS underpayment rate for the relevant periods and compound daily when computing interest owed.

If the ARB determines, at the respondent’s request, that the complaint was frivolous or brought in bad faith, the ARB may award reasonable attorney fees to the respondent, not to exceed $1,000. See 1985.110(e).

• The respondent must request such relief; the statute caps the award at $1,000.

Yes—an ALJ’s order of reinstatement remains effective during ARB review unless the ARB grants a respondent’s motion to stay that order based on exceptional circumstances. See 1985.110(b).

• Respondents seeking a stay must show exceptional circumstances to justify suspending reinstatement during review.

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. See 1985.110(c) and 1985.110(d).

• The requirement to serve the Assistant Secretary and Associate Solicitor applies even if the Assistant Secretary is not a party.

Yes—an ARB order is subject to discretionary review by the Secretary as provided in Secretary’s Order 01–2020 (or any successor). See 1985.110(e).

• That internal discretionary review is separate from petitions for judicial review and follows the procedures in the Secretary’s order.