Administrative Review Board decisions

You must file a written petition for review with the ARB within 30 days of the date of the ALJ’s decision. This is required under 1989.110(a).

• If you miss the 30‑day deadline, your opportunity to obtain ARB review is lost and the ALJ decision typically becomes final.

The filing date is the date of the postmark, facsimile transmittal, or electronic transmittal; if you hand‑deliver the petition or use other in‑person delivery, it is filed upon receipt. This rule comes from 1989.110(a).

• Mail/fax/electronic: use the postmark or transmission time as the filing date.
• Hand delivery: the petition is filed when it is actually received by the ARB.

When you file a petition with the ARB you must serve the petition on all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards. This service requirement is specified in 1989.110(a) and the procedures for service are discussed in 1989.110(b).

• OSHA and the Associate Solicitor may specify the acceptable means of service, including electronic methods.

A petition for review must identify the legal conclusions or orders that the filer objects to; if those objections are not identified, they may be deemed waived. This requirement is stated in 1989.110(a).

• Be specific about the findings or orders you challenge to preserve those issues for ARB review.

If a timely petition for review is filed, 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. This process is described in 1989.110(b).

• If the ARB accepts review within 30 days, the ALJ decision is inoperative unless and until the ARB issues an order adopting it.
• An order of reinstatement issued by the ALJ generally remains effective during ARB review unless the ARB grants a stay for exceptional circumstances.

The ARB reviews the ALJ’s factual determinations under the substantial evidence standard. This standard is specified in 1989.110(b).

• Substantial evidence means the ARB looks for enough relevant evidence that a reasonable mind might accept to support the ALJ’s findings.

No. If a timely petition for review is not filed, the resulting final order is not subject to judicial review. This consequence is spelled out in 1989.110(c).

• Timely ARB filing is therefore essential if you want any further judicial appeal.

The ARB will issue its decision within 120 days of the conclusion of the hearing, which is generally deemed to be 30 days after the ALJ’s decision unless a motion for reconsideration was filed. This timeline is provided in 1989.110(c).

• If a motion for reconsideration is filed, the hearing concludes on the date that motion is ruled upon (or 30 days after the new decision), and the 120‑day clock starts from that date.

If the ARB finds a violation, it will order all relief necessary to make the complainant whole, which can include reinstatement, monetary relief, and compensation for special damages. The ARB’s authority to provide relief is stated in 1989.110(d), and specific types of monetary and other relief are listed in 1989.110(e).

• Reinstatement with the seniority the complainant would have had but for retaliation.
• Monetary awards, including back pay and lost benefits (detailed percentages below).
• Compensation for special damages such as litigation costs, expert witness fees, and reasonable attorney fees.

The ARB’s order can require payment of 200 percent of the amount of back pay plus 100 percent of all lost benefits, with interest. These calculation rules are specified in 1989.110(e).

• In practice this means the monetary award can include double the back pay amount plus the full value of lost benefits, subject to interest.

Interest on back pay is calculated using the interest rate applicable to underpayments of taxes under 26 U.S.C. 6621(a)(2) and is compounded daily. This method is specified in 1989.110(e).

• Use the current applicable IRS underpayment rate in effect for the relevant period and compound on a daily basis when computing interest.

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 periods, as stated in 1989.110(e).

• This ensures that back pay is correctly credited for Social Security earnings and benefit calculations.

Yes. If the ARB finds, at the respondent’s request, that the complaint was frivolous or brought in bad faith, it may award the respondent a reasonable attorney fee not exceeding $1,000, as provided in 1989.110(e).

• The award is discretionary and limited to a maximum of $1,000.

No. An ALJ’s reinstatement order remains effective while the ARB reviews the case unless the ARB grants a motion by the respondent to stay that order based on exceptional circumstances. This rule appears in 1989.110(b).

• A respondent seeking a stay must show exceptional circumstances to obtain one from the ARB.

Petitions for review and all documents submitted to the ARB must be filed in accordance with 29 CFR part 26, as stated in 1989.110(a).

• Consult the filing procedures in 29 CFR part 26 for specific formatting, service, and electronic filing rules that the ARB requires.

Any party desiring to seek review, including judicial review, may file a petition with the ARB; additionally, a respondent who alleges the complaint was frivolous or brought in bad faith may file a petition seeking an award of attorney fees. This eligibility is described in 1989.110(a).

• Both complainants and respondents can seek ARB review as long as they meet the filing requirements and deadlines.

The ARB’s decision will be served on all parties, the Chief Administrative Law Judge, the Assistant Secretary, and the Associate Solicitor, Division of Fair Labor Standards, even if the Assistant Secretary is not a party. This service requirement is set out in 1989.110(c).

• OSHA and the Associate Solicitor may specify the acceptable means for service of ARB decisions, including electronic methods.

The ARB must issue an order notifying the parties that it has accepted the case for review within 30 days of the filing of a timely petition for review. This timing requirement is described in 1989.110(b).

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

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 to that order, as noted in 1989.110(e).

• Discretionary review means the Secretary may choose to review and potentially modify or vacate the ARB’s order.