Administrative Review Board decisions

Under 1988.110(a), a party seeking review must file a written petition for review with the Administrative Review Board (ARB) within 14 days of the ALJ's decision.

• The petition should identify the specific legal conclusions or orders you object to (failure to do so may waive objections).
• The petition must be served on all parties and on the Chief Administrative Law Judge at the time you file it with the ARB.

(See 1988.110(a).)

Under 1988.110(a), the filing date is the postmark date, the facsimile transmittal date, the electronic communication transmittal date, or the date the petition is received if filed in person or by hand delivery.

• Mail: use the postmark date.
• Fax or electronic filing: the transmittal date is the filing date.
• In-person or hand delivery: the filing date is the date the ARB actually receives the petition.

(See 1988.110(a).)

Under 1988.110(a) and the accompanying service requirement, you must serve the petition on all parties and on the Chief Administrative Law Judge, and you must also provide copies to the Assistant Secretary and the Associate Solicitor, Division of Fair Labor Standards.

• Serve all parties and the Chief ALJ when filing with the ARB.
• Provide copies to the Assistant Secretary and the Associate Solicitor, Division of Fair Labor Standards.

(See 1988.110(a) and 1988.)

Under 1988.110(b), if a timely petition for review is filed, the ALJ's decision will become the Secretary's final order unless the ARB notifies the parties within 30 days that it has accepted the case for review.

• If the ARB accepts review within 30 days, the ALJ decision is inoperative unless and until the ARB adopts it.
• Reinstatement orders from the ALJ remain effective during ARB review unless the ARB grants a stay for exceptional circumstances.

(See 1988.110(b).)

Under 1988.110(b), the ARB must issue an order notifying the parties that it accepted the case for review within 30 days after the petition for review is filed.

• If no acceptance order is issued within 30 days, the ALJ decision becomes the final order of the Secretary.

(See 1988.110(b).)

Under 1988.110(b), an ALJ's reinstatement order is effective during ARB review unless the ARB grants a respondent's motion to stay that order for exceptional circumstances.

• The respondent may move the ARB to stay reinstatement; the ARB can grant a stay only for exceptional circumstances and will set terms it deems appropriate.

(See 1988.110(b).)

Under 1988.110(b), the ARB reviews the ALJ's factual determinations under the substantial evidence standard.

• This means the ARB will uphold factual findings supported by reasonable evidence in the record, even if other conclusions are possible.

(See 1988.110(b).)

Under 1988.110(b), if no timely petition for review is filed (or the ARB denies review), the ALJ's decision becomes the final order of the Secretary.

• Such a final order resulting from no timely petition is not subject to judicial review.

(See 1988.110(b).)

Under 1988.110(b), a final order that results because no timely petition for review was filed is not subject to judicial review.

(See 1988.110(b).)

Under 1988.110(c), the ARB must issue its decision within 120 days of the conclusion of the hearing.

• The hearing is deemed to conclude 14 days after the ALJ's decision unless a motion for reconsideration is filed in the interim.

(See 1988.110(c).)

Under 1988.110(c) and the related provision, if a motion for reconsideration is filed with the ALJ, the conclusion of the hearing is the date the motion is ruled on or 14 days after a new decision is issued.

• That later date starts the 120-day clock for the ARB to issue its decision.

(See 1988.110(c).)

Under 1988.110(d), 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.

• The ARB serves these documents even if the Assistant Secretary is not a party to the case.

(See 1988.110(d).)

Under 1988.110(d), the ARB can order relief that includes affirmative action to stop the violation, reinstatement with back pay and interest, compensatory damages, and, at the complainant's request, reimbursement of reasonable costs and expenses such as attorney and expert witness fees.

• Reinstatement: return to former position with compensation, terms, conditions, and privileges.
• Back pay: includes interest calculated and compounded daily.
• Costs: may include attorney and expert witness fees when requested by the complainant.

(See 1988.110(d).)

Under 1988.110(d), interest on back pay is calculated using the interest rate applicable to tax underpayments under 26 U.S.C. 6621 and is compounded daily.

• The ARB orders daily-compounded interest at the rate set by 26 U.S.C. 6621 for underpayments.

(See 1988.110(d).)

Under 1988.110(d), the ARB's order will require the respondent to submit appropriate documentation to the Social Security Administration allocating any back pay award to the correct calendar quarters.

• This ensures the complainant's Social Security earnings record is accurate for the periods covered by back pay.

(See 1988.110(d).)

Under 1988.110(e), if the ARB concludes the respondent did not violate the law, it will issue an order denying the complaint.

• The complaint will be dismissed and the ARB's order will be served on the parties as provided in the rules.

(See 1988.110(e).)

Under 1988.110(e), the ARB may award reasonable attorney fees to a respondent if the ARB determines, at the respondent's request, that the complaint was frivolous or brought in bad faith.

• The ARB's award is discretionary and requires the respondent to request the relief.

(See 1988.110(e).)

Under 1988.110(e), the ARB may award reasonable attorney fees to a respondent for a frivolous or bad-faith complaint, but the award cannot exceed $1,000.

• The award amount is capped at $1,000 even if fees incurred were higher.

(See 1988.110(e).)

Under 1988.110(e), orders of the ARB are subject to discretionary review by the Secretary as provided in Secretary's Order 01–2020 (or any successor).

• That means the Secretary may choose to review ARB decisions under the procedures specified in the Secretary's order.

(See 1988.110(e).)

Under 1988.110(a), the petition for review should identify the specific legal conclusions or orders you object to; failing to identify them may be treated as a waiver of those objections.

• Be specific about which findings, conclusions, or orders you challenge and why.

(See 1988.110(a).)