- Mediation & Appeals

Mediation & Appeals 29 C.F.R. § 9.32 through 29 C.F.R. § 9.35.

  1. If any party desires review of the determination of the WHD Administrator, including judicial review, a request for an Administrative Law Judge (ALJ) hearing or petition for review by the Administrative Review Board (ARB) must first be filed in accordance with 29 C.F.R. § 9.31(b).
    1. Where efforts to resolve disputes in accordance with the conciliation procedures set forth at 29 C.F.R. § 9.22 have failed, the parties are encouraged to utilize settlement judges to mediate settlement negotiations pursuant to 29 C.F.R. § 18.9 when those provisions apply.
    2. At any time after commencement of a proceeding, the parties jointly may move to defer the hearing for a reasonable time to permit negotiation of a settlement or an agreement containing findings and an order disposing of the whole or any part of the proceeding.

ALJ hearings & ARB proceedings 29 C.F.R. §§ 9.34 and 9.35.

  1. The Office of Administrative Law Judges (OALJ) has jurisdiction to hear and decide cases pursuant to 29 C.F.R. § 9.31(b)(1) concerning questions of law and fact from determinations of the Administrator issued under 29 C.F.R. § 9.31.
    1. In considering the matters within the scope of its jurisdiction, the ALJ shall act as the authorized representative of the Secretary of Labor and shall act fully and finally on behalf of the Secretary of Labor concerning such matters, subject to an appeal filed under 29 C.F.R. § 9.32(b)(2). 29 C.F.R. § 9.34(a).
  2. The ARB has jurisdiction to hear and decide appeals pursuant to § 9.31(b)(2) concerning questions of law and fact from determinations of the Administrator issued under 29 C.F.R. § 9.31 and from decisions of Administrative Law Judges issued under 29 C.F.R. § 9.34.
    1. In considering the matters within the scope of its jurisdiction, the ARB shall act as the authorized representative of the Secretary of Labor and shall act fully and finally on behalf of the Secretary of Labor concerning such matters.
  3. If an order finding the successor contractor violated 9 C.F.R. Part 9 is issued, the ALJ or the ARB, respectively, may assess against the contractor a sum equal to the aggregate amount of all costs (not including attorney fees) and expenses reasonably incurred by the aggrieved employee(s) in the proceeding, to be awarded in addition to any unpaid wages or other relief due under 29 C.F.R. § 9.24(b). 29 C.F.R. § 9.34(j) and 9.35(d), respectively.
  4. A decision of the ALJ shall become the final order of the Secretary of Labor, unless a petition for review is timely filed with the ARB as set forth in § 9.32(b)(2). 29 C.F.R. § 9.34(k).
  5. A decision of the ARB shall become the final order of the Secretary of Labor. 29 C.F.R. § 9.35(e).


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