ADMINISTRATIVE LAW JUDGES ARE EMPLOYED BY THE
EXECUTIVE BRANCH
The Federal government consists of three branches: executive, legislative and judicial. The
Federal judges you hear most about are employed by the judicial branch. They are district court,
court of appeals and U.S. Supreme Court judges.
The executive branch, however, also employs judges, who are referred to as
"administrative law judges" or "ALJs".
DEPARTMENT OF LABOR ADMINISTRATIVE LAW JUDGES
CONDUCT HEARINGS ON A VARIETY OF LABOR-RELATED
MATTERS
Federal agencies under the executive branch are required in many cases to afford a hearing to
companies or individuals who are affected by a government action such as a denial of benefits or
a finding that a law was violated. For example, if a coal miner applies for black lung
benefits, and the claims examiner determines that the coal miner is entitled to benefits, the coal
company that would have to pay those benefits may ask for a hearing before an administrative
law judge. Similarly, if the coal miner was denied benefits by the claims examiner, he or she
may ask for a hearing.
In the Department of Labor, administrative law judge hearings are available in regard to claims
for black lung benefits and longshore workers' compensation, child labor provisions of the Fair
Labor Standards Act, nuclear and environmental whistleblower complaints, whistleblower
complaints relating to commercial trucking, civil rights requirements and wage disputes relating
to federal contracts, employer's use of lie detector tests, federal union elections, disputes relating
to job training programs, certain aspects of employee retirement funds, certain labor-related
immigration programs, and a variety of other labor laws.
Not all labor-related disputes, however, are heard by the Department of Labor's Office of
Administrative Law Judges. For example, the Occupational Safety and Health Review
Commission, the Federal Mine Safety and Health Review Commission and the National Labor
Relations Board are independent agencies that conduct hearings in matters relating to labor.
ADMINISTRATIVE LAW JUDGE HEARINGS ARE LIKE TRIALS,
BUT WITHOUT A JURY
The administrative law judge conducts a hearing much like any other judge. Thus, witnesses
may testify, the proceedings are transcribed by a court reporter, and lawyers may submit briefs
and motions. The biggest difference between administrative law judge hearings and trials before
a federal district court judge or a state court judge is that there is no jury in an administrative
hearing. Rather, the administrative law judge hears the witnesses, considers the evidence and
legal arguments submitted, and renders a decision based upon the record made at the hearing.
INDEPENDENT DECISION MAKING
Since administrative law judges are employees of the agency, Congress was concerned that they
may be perceived as being prone to making decisions in favor of that agency. Thus, the
Administrative Procedure Act includes provisions that give administrative law judges protections
from improper influences and ensure independence when conducting formal proceedings,
interpreting the law, and applying agency regulations in the course of administrative hearings.
Thus, administrative law judges are not subject to agency efficiency ratings, promotions or
demotions; their compensation is established by the Office of Personnel Management
independent of agency recommendations; they may only be disciplined after good cause is
shown before the Merit Systems Protection Board.
ADMINISTRATIVE AND JUDICIAL REVIEW OF
ADMINISTRATIVE LAW JUDGE DECISIONS
Most administrative law judge decisions are subject to further review within the agency, although
in a few types of cases, the administrative law judge's decision is the final decision of the agency.
In the Department of Labor, black lung and longshore cases may be reviewed by the Benefits
Review Board (BRB), while most other types of decisions are reviewed by the Administrative
Review Board (ARB). The decisions of the administrative law judge and the BRB or ARB may
then be appealed to the Federal courts in the judicial branch of the Federal government.
ADDITIONAL INFORMATION
For general information about ALJs and the Administrative Procedure Act, see our ALJ/APA Collection.