Administrator, Wage and Hour Div., USDOL v. Covanex, Inc. (agency decision, November 26, 2024)

Plain-English summary

This H-1B case concerned an administrative judge's decision reducing a back-wage assessment against Covanex from $816,830.50 for eighteen workers to $7,719.37 for one worker. The Wage and Hour Division Administrator obtained additional time to decide whether to seek Board review. Before the extended deadline, the Administrator notified the Board that she would not pursue an appeal. The Board dismissed the appeal without reviewing the merits of the administrative judge's ruling.

Decision snapshot

• Cited authorities: 8 U.S.C. § 1101(a)(15)(H)(i)(b); 20 C.F.R. § 655
• Outcome: The Board dismissed the appeal after the Administrator declined to file a petition for review.
• Key point: When the prospective petitioner elects not to seek review, the Board may dismiss the appeal without reaching the merits.

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 HOUR                    ARB CASE NO. 2025-0006
    DIVISION, UNITED STATES
    DEPARTMENT OF LABOR,                            ALJ CASE NO. 2021-LCA-00011
                                                    ALJ DREW A. SWANK
                PROSECUTING PARTY,
                                                    DATE: November 26, 2024
         v.

    COVANEX, INC.,

                RESPONDENT.

Appearances:

For the Prosecuting Party:
      Jennifer Brand, Esq.; Rachel Goldberg, Esq.; Jesse Z. Grauman, Esq.;
      U.S. Department of Labor, Office of the Solicitor; Washington, District
      of Columbia

For the Respondent:
      Sharon M. Sulimowicz, Esq.; Law Office of Sharon M. Sulimowicz;
      Ithaca, New York

Before WARREN, Acting Chief Administrative Appeals Judge,
THOMPSON, Administrative Appeals Judge


                                ORDER OF DISMISSAL

PER CURIAM:

      This case arises under the Immigration and Nationality Act (INA) and its
implementing regulations, as related to the H-1B visa program.1 On September 24,
2024, an Administrative Law Judge (ALJ) issued a Decision and Order Modifying


1       8 U.S.C. § 1101(a)(15)(H)(i)(b); 20 C.F.R. § 655, Subparts H and I (2024).
                                            2


Administrator’s Determination (D. & O.) reducing a back-wage award of
$816,830.50 to eighteen workers to an award of $7,719.37 to one worker.2

       On October 18, 2024, the Administrator of the Wage and Hour Division
(Administrator) filed a Motion to Extend Time to Consider and Potentially File
Petition for Review (Motion). In the Motion, the Administrator requested an
extension to November 25, 2024, to file a petition for review of the D. & O.3 The
Board granted the Administrator’s Motion on October 28, 2024, and ordered the
parties to file a petition for review on or before November 25, 2024.4

       On November 22, 2024, the Administrator filed a Notice That Administrator
Will Not File Petition for Review, in which the Administrator notified the Board she
will not pursue an appeal in this matter.5 Accordingly, this appeal is DISMISSED.

      SO ORDERED.




                                  _____________________________________________
                                  IVEY S. WARREN
                                  Acting Chief Administrative Appeals Judge



                                  _____________________________________________
                                  ANGELA W. THOMPSON
                                  Administrative Appeals Judge




2     D. & O. at 43-44.
3     Motion at 2.
4     Order Granting Extension to File Petition for Review at 1.
5     Notice That Administrator Will Not File Petition for Review at 1.
                                      CERTIFICATE OF SERVICE



ARB-2025-0006 Wage and Hour Division Administrator v. Covanex, Inc., (Case No: 2021-LCA-00011)


I certify that the parties below were served this day.




         11/26/2024
     (DATE)                                                       Thomas O. Shepherd, Jr., Esq.
                                                                 Clerk of the Appellate Boards


Mr. Jesse Zvi Grauman                                    U.S. Department of Labor, Office of Administrative
U.S. Department of Labor, Office of the Solicitor,       Law Judges
Fair Labor Standards Division                            200 Constitution Avenue, N.W.
200 Constitution Avenue NW, Room N-2716                  Room S-4325
Washington, DC 20210                                     Washington, DC 20210
        --Electronic                                            --Electronic


Omar Saleem
201 Varick Street
Room 983
New York, NY 10014
        --Electronic


Sharon Sulimowicz
118 N. Tioga Street
Ste 202
Ithaca, NY 14850
        --Electronic


Hon. Stephen R. Henley
Chief Administrative Law Judge
Office of the Administrative Law Judges
800 K Street, N.W., Suite 400
Washington, DC 20001-8002


Office of the Solicitor, Division of Fair Labor
Standards
200 Constitution Ave, NW
Room N-2716
Washington, DC 20210
        --Electronic