DOL Finalizes Mandatory Electronic Filing for Administrative Hearings

What’s New

Under the new rule:

• Attorneys and non-attorney representatives appearing before OALJ will generally be required to file documents electronically through DOL’s eFile/eServe system.
• Electronic service of documents will become automatic for registered users.
• Self-represented individuals may continue using traditional filing methods or may choose to participate in e-filing voluntarily.
• Administrative law judges must provide advance notice of whether hearings or pre-hearing conferences will be conducted:
  • In person,
  • By telephone,
  • By videoconference, or
  • Through other approved means.

E-Filing Will Be the Default

The final rule requires represented parties to use DOL’s electronic filing platform unless:

• A judge grants an exception for good cause; or
• A standing order authorizes an alternative filing method.

Electronic filings will be considered filed when received by the eFile/eServe system, and filings submitted through a registered account with a typed signature block will constitute a valid signature.

Impact

The OALJ hears a wide range of employment and immigration-related matters, including cases involving:

• H-1B labor condition applications,
• PERM and employment-related immigration matters,
• Whistleblower claims,
• Wage and hour disputes,
• Black lung claims, and
• Other federal labor law proceedings.

Employers, attorneys, and representatives involved in DOL administrative litigation should ensure they are familiar with the eFile/eServe platform and prepare internal procedures for electronic document submission and service.

Hearing Logistics and Remote Proceedings

The final rule also updates hearing procedures to reflect the increased use of remote proceedings following the COVID-19 era.

Judges will be required to provide advance notice regarding:

• The date and time of hearings;
• Whether proceedings will be conducted in person or remotely; and
• The specific format of the proceeding.

This formalizes practices that have become increasingly common in administrative adjudications.

Limited Exceptions Remain

Recognizing that electronic filing may not be feasible in all situations, DOL retained several safeguards:

• Judges may allow alternative filing methods for good cause.
• Self-represented parties are not required to use e-filing.
• Certain proceedings may continue to require mail service where mandated by statute or regulation.

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news becomes available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.