Labor Department Finalizes New Rule Giving Secretary of Labor Discretionary Review Authority Over Determinations by DOL’s Appeals Boards

The U.S. Department of Labor (DOL) has published a final rule that expands the Secretary of Labor’s discretionary review authority over decisions issued by DOL’s administrative appeals boards. The rule also establishes the procedures that parties are expected to follow when they petition the Secretary for intervention. The DOL administrative panels that are impacted by this final rule are the Administrative Review Board (ARB) and the Board of Labor Certification Appeals (BALCA).

Of particular interest to employers, the new rule potentially impacts rulings by the ARB in enforcement actions involving the Office of Federal Contract Compliance Programs (OFCCP). Up until now, final ARB and BALCA decisions had not been subject to discretionary review by the Labor Secretary.

Members of the Center for Workplace Compliance (CWC) can read more here.