ARB Lapse Notice
Except as specified below, all deadlines in cases currently pending before the Administrative Review Board remain in effect. In addition, all parties are expected to meet statutory and regulatory requirements, including deadlines, for filing appeals and petitions for review with the Board.
The EFS system will continue to allow parties to submit filings during the funding lapse. These filings will not be processed or accepted by the system until DOL reopens. Filings will be deemed filed and received by the Board as of the date they are filed with the EFS system and will be processed accordingly upon the resumption of Board operations. Paper filed documents will be received daily and dated as of the date of receipt by the Clerk of the Appellate Boards.
Filings submitted to the EFS will not be served by the system on other registered parties or required recipients during the funding lapse. Accordingly, parties filing in the EFS system should effectuate service by other lawful means. See 29 C.F.R. § 26.4.
Given the impact the lapse in funding will have on the Department of Labor’s Office of the Solicitor, other DOL offices, and other federal government agencies, all motion and briefing deadlines will be automatically STAYED in all pending cases in which the Department of Labor or one of its offices or agencies or another federal government agency (including, but not limited to, the Wage and Hour Division and the Occupational Safety and Health Administration) is a party. Parties in these cases are not required or expected to file an extension request related solely to this cessation of operations.
