Labor & Employment Law Daily Wrap Up, DOL NEWS—Final rule requires e-filing in administrative cases, with exceptions for good cause and pro se filers, (Nov 6, 2026)

By Brandi O. Brown, J.D.

After a similar proposal was withdrawn in 2021, the agency has finalized regulations requiring attorneys to use its electronic filing system in most administrative cases.

The U.S. Department of Labor has finalized a rule requiring electronic filing in administrative proceedings before its Office of Administrative Law Judges, adopting a proposal first issued in 2021 despite concerns raised by practitioners about the agency's filing system.

The final rule, scheduled for publication November 9, amends the agency's procedural regulations governing cases before the Office of Administrative Law Judges (OALJ), which hears disputes arising under a variety of labor and employment laws.

Represented versus unrepresented. Under the new requirements, parties represented by attorneys or non-attorney representatives generally must use the Department's eFile/eServe system to submit filings and receive service of documents, unless a judge grants an exception for good cause, a standing order permits another filing method, or if they are “inconsistent with a governing statute, regulation, or executive order.... If a specific Department of Labor regulation governs a proceeding, the provisions of that regulation apply[.]”

Self-represented litigants may continue to use traditional filing methods if they choose.

Signature and service. Filings submitted through the eFile/eServe system will be deemed signed when authorized through a user's account and accompanied by the filer's name on the signature block.

The regulation also formally recognizes electronic service. Attorneys and other representatives required to use the electronic filing system, as well as self-represented parties who opt into it, will be deemed to have consented to receiving documents electronically.

Remote proceedings. Additionally, the rule updates hearing procedures to reflect the growing use of remote proceedings. Administrative law judges must provide advance notice not only of a hearing's date, time, and location, but also whether it will be conducted in person, by telephone, videoconference, or other means. Similar requirements apply to prehearing conferences.

The agency first attempted to implement the changes through a direct final rule issued in January 2021. However, after receiving significant adverse comments, it withdrew that rule and reopened the comment period while conducting listening sessions with stakeholders.

Feedback. The Labor Department said it used feedback from those listening sessions to improve the system and concluded that the concerns identified in 2021 had been addressed sufficiently. The agency emphasized that the final rule contains safeguards, including the availability of exemptions for good cause and the option for self-represented individuals to continue filing on paper.

Also, the final rule establishes filing deadlines for electronic submissions based on the time zone of the presiding judge's office, rather than the filer's location. The department rejected a suggestion to allow filings until 11:59 p.m. local time for each filer, saying a uniform judge-based standard would be easier to administer and is consistent with federal court practice.

The rule takes effect 30 days after publication in the Federal Register.

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