Administrator, Wage and Hour Div., USDOL v. Davis-Paige Management Systems, LLC (agency decision, September 4, 2024)

Plain-English summary

An administrative judge found that Davis-Paige Management Systems and Michael Davis failed to pay Service Contract Act wage rates and fringe benefits. Under 29 C.F.R. § 6.20, they had forty days to seek Board review or request more time, making March 9, 2024 the deadline. They did not request an extension until July 5. The Board denied that request, explained that it would address timeliness if an actual late petition were filed, and then administratively closed the matter because no petition was before it.

Decision snapshot

• Cited authorities: 41 U.S.C. § 6701; 29 C.F.R. § 6.20; 29 C.F.R. § 26.3(a)(6)
• Outcome: Matter administratively closed after denial of a late extension request and no petition for review.
• Key point: An extension request filed months after the SCA review deadline does not itself place a petition for review before the Board.

Full text (DOL official public release)

U.S. Department of Labor           Administrative Review Board
                                   200 Constitution Ave. NW
                                   Washington, DC 20210-0001


IN THE MATTER OF:


ADMINISTRATOR, WAGE AND                  ARB CASE NO. 2024-0053
HOUR DIVISION, UNITED
STATES DEPARTMENT OF                     ALJ CASE NO. 2019-SCA-00003
LABOR,                                   ALJ THEODORE W. ANNOS

           PROSECUTING PARTY, DATE: September 4, 2024

      v.

DAVIS-PAIGE MANAGEMENT
SYSTEMS, LLC,

                 and

MICHAEL DAVIS,

             RESPONDENTS.

Before WARREN and ROLFE, Administrative Appeals Judges


                  ORDER OF ADMINISTRATIVE CLOSURE

PER CURIAM:

       This proceeding arises under the McNamara-O’Hara Service Contract Act of
1965, (SCA), 41 U.S.C. §§ 6701-6707, and the implementing regulations at 29 C.F.R.
Parts 4 and 6. On January 29, 2024, a United States Department of Labor
Administrative Law Judge issued a Decision and Order finding that Respondents
Davis-Paige Management Systems, LLC and Michael Davis violated the SCA by
failing to pay its employees the SCA-required wage rates and fringe benefits.
Respondents had 40 days after the date of the decision “or such additional time as is
granted by the Administrative Review Board” to file a petition for review. 29 C.F.R.
§ 6.20. Respondents thus had until March 9, 2024, to file a timely petition for review
or timely request an extension to file.
                                         2


        On July 5, 2024, Respondents filed a Request for Extension of Time to File
Petition for Appeal Pursuant to 29 C.F.R. § 26.3(a)(6) (Motion), which was
administratively assigned ARB Case No. 2024-0053. The Board denied the Motion
on July 25, 2024, explaining that the Board would rule on the acceptance of any
late-filed petition for review consistent with the applicable regulations and ARB
precedent, if one was filed. The Board thus orders that this matter be
administratively closed.

      SO ORDERED.




                                      ____________________________________
                                      IVEY S. WARREN
                                      Administrative Appeals Judge




                                      ____________________________________
                                      JONATHAN ROLFE
                                      Administrative Appeals Judge