2026-22761Rule

Labor Department Moves Its Administrative Hearings Online, One Filing at a Time

Published Date: 11/9/2026

Rule

Summary

Starting December 9, 2026, all legal filings in hearings before the Department of Labor’s Office of Administrative Law Judges must be done electronically, making the process faster and more modern. This change affects lawyers, representatives, and anyone involved in these hearings, but self-represented folks get some helpful exceptions. The new rule also requires clear advance notice about how hearings will happen—whether in person, by phone, or online.

Analyzed Economic Effects

8 provisions identified: 4 benefits, 4 costs, 0 mixed.

Mandatory e‑filing for represented parties

Starting December 9, 2026, if you are represented by an attorney or non‑attorney representative you must file papers using the Department of Labor's eFile/eServe system unless the presiding judge allows another form of filing for good cause or a standing order requires otherwise.

Exhibits: electronic filing required for e‑filers

Parties who are required to e‑file or who opt to e‑file must electronically file any exhibits they will offer in evidence, unless the exhibit cannot reasonably be filed in electronic form; the rule also sets rules for numbering, exchange, and a 7‑day prehearing authenticity objection deadline.

Self‑represented parties keep paper option

A person who is not represented (a self‑represented or pro se party) may either use the Department's eFile/eServe system or continue to file by conventional paper or other non‑electronic means under the final rule.

Electronic signature and automatic e‑service

A filing made through a person's eFile/eServe account that is authorized by that person, together with the person's name on a signature block, counts as that person's signature. Anyone required or who opts to file electronically is deemed to have consented to electronic service of documents.

Electronic filing deadline set by judge's time zone

For electronic filing, the "last day" to file ends at 11:59:59 p.m. in the time zone of the presiding judge's office (or, if unassigned, in the time zone of the Chief Judge's office).

Advance notice of hearing manner (14 days)

Except when scheduled by calendar call, the judge must notify parties at least 14 days before the hearing of the hearing's date, time, place, and the manner of the hearing — whether in person, by telephone, by videoconference, or by other means.

Agency says e‑filing will cut mail costs and speed cases

The Department states that increased use of e‑filing and e‑service will reduce case processing times by eliminating mailing delays and will greatly reduce mailing and copying costs for both the Office of Administrative Law Judges and the parties.

Remote public access to case files limited

The rule limits general remote access by non‑parties to OALJ and Board electronic case files due to personal and business information in those files; non‑parties may obtain case files through FOIA or other alternative means.

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Key Dates

Published Date
Rule Effective
11/9/2026
12/9/2026

Department and Agencies

Department
Independent Agency
Agency
Labor Department
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