U.S. Department of Labor Announces Designation of Chairman And Appointment to the Administrative Review Board

WASHINGTON, DC – The U.S. Department of Labor announced today the designation of a new chair and an appointment to the Department’s Administrative Review Board (ARB).

Judge James D. McGinley, who currently serves on the ARB, has been named its new chair, and Randel Keith Johnson has been appointed as a member of the Board for a two-year term.

The ARB issues decisions on behalf of the Secretary of Labor in cases arising under a wide range of worker protection laws, primarily involving environmental, transportation, and securities whistleblower protection; H-1B immigration provisions; child labor; employment discrimination; job training; seasonal and migrant workers; and federal construction and service contracts.

ARB’s cases generally arise upon appeal from decisions of the Department of Labor’s Administrative Law Judges or the Administrator of the Wage and Hour Division. The Board’s decisions become the final decisions of the Secretary unless he undertakes discretionary review. Depending upon the statute at issue, the parties may appeal the ARB’s decisions to federal district or appellate courts and ultimately to the U.S. Supreme Court.

“One of the Department’s central responsibilities is the enforcement of laws that protect and promote American workers,” said Secretary of Labor Eugene Scalia.  “The Administrative Review Board ensures worker protection laws are being faithfully and fairly enforced. The experience and expertise Judge McGinley and Mr. Johnson bring to their new roles will be valuable for the Board’s continued good work in the years ahead.”

“The Administrative Review Board’s mission is to issue legally correct, just, and timely decisions,” said Deputy Secretary Pizzella. “After a rigorous selection process, these members’ expertise will be a valuable complement to the U.S. Department of Labor’s overall mission to protect the American workforce.”

James McGinley was appointed to the Administrative Review Board in March 2020. He most recently served as the Clerk of the Court for the Superior Court of the District of Columbia. Formerly a partner in the civil litigation firm of Hiepler & Hiepler, Judge McGinley also served as a Judge (Pro Tem) for the Superior Court of the State of California, County of Ventura. He possesses extensive experience in complex civil litigation, international negotiation, enterprise-wide leadership, and management of multi-agency projects. McGinley received a Juris Doctor from Pepperdine University School of Law as well as a Master of Laws in National Security Law and a Certificate in International Arbitration and Dispute Resolution from Georgetown University Law Center, Washington, D.C. He is a member of the California, District of Columbia, and U.S. Supreme Court bars.

Randel Johnson most recently served as a partner in the Labor and Employment division in the Washington, D.C. office of Seyfarth Shaw. He previously served as Senior Vice President for Labor, Immigration and Employee Benefits at the U.S. Chamber of Commerce, as Labor Counsel and Coordinator for the Committee on Education and Labor of the U.S. House of Representatives, and as Special Assistant to the Solicitor of Labor. Before that, he held positions as an Attorney Advisor in the Department’s Office of Administrative Law Judges, and as a Judicial Law Clerk to the Honorable Basil A. Thomas, Supreme Bench of Baltimore City. Johnson received a Graduate Certificate from the John F. Kennedy School of Government at Harvard University, a Juris Doctor from the University of Maryland School of Law, and a Bachelor of Arts from Denison University. He is a member of the Maryland and District of Columbia bars.

Candidates submitted applications in response to a vacancy announcement. The Department’s office of human resources’ division of executive resources and a qualifications panel evaluated the applicants and the best qualified were forwarded to the Deputy Secretary to conduct initial interviews. Final recommendations were presented to the Secretary.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.