Administrator, Wage and Hour Div., USDOL v. Covanex, Inc. (Board 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