29 C.F.R. § 580.12

Decision and Order of Administrative Law Judge

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(a) The Administrative Law Judge shall render a decision on the issues referred by the Administrator.

(b) The decision of the Administrative Law Judge shall be limited to a determination of whether the respondent has committed a violation of section 12, a violation of section 3(m)(2)(B), or a repeated or willful violation of section 6 or section 7 of the Act, and the appropriateness of the penalty assessed by the Administrator. The Administrative Law Judge shall not render determinations on the legality of a regulatory provision or the constitutionality of a statutory provision.

(c) The decision of the Administrative Law Judge shall include a statement of findings and conclusions, with reasons and basis therefor, upon each material issue presented on the record. The decision shall also include an appropriate order which may affirm, deny, reverse, or modify, in whole or in part, the determination of the Administrator.

(d) The Administrative Law Judge shall serve copies of the decision on each of the parties.

(e) The decision of the Administrative Law Judge shall constitute the final order of the Secretary unless, pursuant to § 580.13 of this part, there is an appeal to the Secretary.

[56 FR 24991, May 31, 1991, as amended at 86 FR 52987, Sept. 24, 2021]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1996–2024 · leading case: Acura of Bellevue v. Reich, 90 F.3d 1403 (9th Cir. 1996).

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Acura of Bellevue v. Reich, 90 F.3d 1403 (9th Cir. 1996). · cites it 2× “The regulations provide that the ALJ’s decision constitutes the final decision of the Department unless there is a timely appeal to the Secretary, in which case the Secretary’s decision is the final decision of the Department.”

Walsh v. Berkshire Nursery & Supply Corp. (S.D.N.Y. 2024). “29 C.F.R. § 580.12 . Although willfulness ultimately may bear on the award and/or calculation of liquidated damages, plaintiff need not prove defendants acted willfully to hold them liable for wage-and-hour violations in the first instance.”

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