Administrative Review Board decisions

You must file a written petition for review with the Administrative Review Board (ARB) within 14 days of the ALJ decision and serve copies on all listed parties and officials. Under 1987.110(a), the petition must be filed with the ARB, served on all parties and on the Chief Administrative Law Judge at the time of filing, and copies must also be served on the Assistant Secretary and the Associate Solicitor, Division of Fair Labor Standards, U.S. Department of Labor.

The filing date is the postmark date, facsimile transmittal date, electronic transmittal date, or the date the ARB actually receives the document if filed in person. 1987.110(a) specifies that the date of the postmark, facsimile transmittal, or electronic communication transmittal will be considered the date of filing, and in-person filings are filed upon receipt.

A petition should identify the specific legal conclusions or orders being challenged, because failure to identify them may waive those objections. 1987.110(a) states that parties should identify in their petitions the legal conclusions or orders to which they object, or those objections may be deemed waived.

If a timely petition is filed, the ALJ decision becomes the final order of the Secretary unless the ARB accepts the petition for review within 30 days. 1987.110(b) explains that the ALJ decision will be final unless the ARB issues an order within 30 days notifying the parties the case is accepted for review.

No — if the ARB accepts the case, the ALJ decision is inoperative unless the ARB later adopts it, except reinstatement orders remain effective unless stayed. 1987.110(b) states the ALJ decision will be inoperative while review is pending unless and until the ARB issues an order adopting it; however, any order of reinstatement will remain effective unless the ARB grants a respondent's motion to stay for exceptional circumstances.

The ARB reviews the ALJ's factual determinations under the substantial evidence standard. 1987.110(b) specifies that factual determinations are reviewed under the substantial evidence standard.

If no timely petition for review is filed, the ALJ decision becomes the final order of the Secretary and is not subject to judicial review. 1987.110(b) states that if no timely petition is filed or review is denied, the ALJ decision becomes the final order and, if no timely petition is filed, the resulting final order is not subject to judicial review.

The ARB must issue its decision within 120 days after the conclusion of the hearing, subject to the motion for reconsideration rule. 1987.110(c) requires issuance within 120 days of the conclusion of the hearing, which is generally deemed 14 days after the ALJ decision unless a motion for reconsideration is filed.

If a motion for reconsideration is filed with the ALJ, the conclusion of the hearing is the date the motion for reconsideration is denied or 14 days after a new decision is issued. 1987.110(c) explains that filing a motion for reconsideration changes when the hearing is deemed concluded for ARB timing purposes.

The ARB can order relief including abatement, reinstatement with compensation (back pay and interest), payment of compensatory damages, and reimbursement of reasonable costs and attorney or expert witness fees at the complainant's request. 1987.110(d) describes these remedies and requires the respondent to provide documentation to the Social Security Administration allocating any back pay to the proper calendar quarters.

Interest on back pay is calculated using the interest rate for tax underpayments under 26 U.S.C. 6621 and is compounded daily. 1987.110(d) specifies the interest calculation method for back pay awards.

A respondent must submit documentation to the Social Security Administration allocating back pay to the correct calendar quarters. 1987.110(d) requires this allocation so the complainant's earnings record reflects the awarded back pay.

The ARB will issue an order denying the complaint. 1987.110(e) states that if the ARB concludes no violation occurred, it issues an order denying relief to the complainant.

Yes — if the ARB finds the complaint was frivolous or brought in bad faith at the respondent's request, it may award reasonable attorney fees to the respondent not exceeding $1,000. 1987.110(e) authorizes fee awards in such situations.

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. 1987.110(d) states that the ARB’s decision will be served upon all parties and these Department of Labor officials even if the Assistant Secretary is not a party.

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). 1987.110(d) and 1987.110(e) both state that ARB orders are subject to discretionary Secretary review under that Secretary’s Order.

Yes — the ARB may grant a respondent's motion to stay reinstatement orders during review, but only for exceptional circumstances. 1987.110(b) explains that reinstatement orders remain effective while ARB review is conducted unless the ARB grants a respondent's motion to stay based on exceptional circumstances.

Yes — a respondent alleging the complaint was frivolous or brought in bad faith can file a petition for review and seek an award of attorney fees. 1987.110(a) requires such respondents to file a written petition for review with the ARB if they wish to pursue fees.