U.S. Secretary of Labor Eugene Scalia is proposing to implement a revised discretionary review process that will give him and future Secretaries of Labor the authority to review and overturn decisions made by the Labor Department’s Administrative Review Board (ARB). The ARB is the Secretary of Labor-appointed tribunal that issues final determinations in administrative enforcement proceedings initiated by the Department of Labor (DOL), including those involving the Office of Federal Contract Compliance Programs (OFCCP). Up until now, final ARB decisions have not been subject to discretionary review by the Secretary.
Under internal Order 01-2020 issued by Secretary Scalia on February 21, 2020, the Secretary of Labor will now have the authority to exercise his or her sole discretion within 28 days after the ARB issues a final determination to “direct the Board to refer such decision to the Secretary for review.”
In conjunction with the issuance of Order 01-2020, the Labor Department has also published both a proposed rule and a so-called Direct Final Rule (DFR) designed to formally codify Secretary Scalia’s Order into DOL’s regulations. Public comments are due by April 6, 2020. Absent “significant adverse comments,” the new discretionary review process will go into effect on April 20, 2020.
Members of the Center for Workplace Compliance (CWC) can read more here.