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The Department of Labor’s (DOL’s) Administrative Review Board (ARB) recently announced it is updating its electronic filing system (EFS) at 8:30 am EST on December 7, 2020. Beginning December 7, all parties who wish to file electronically must use EFS to file documents electronically with the ARB. The current electronic filing system (EFSR) will shut down permanently at 5:00 PM EST on December 3, 2020. This means that parties will not be able to file documents electronically with the ARB after 5:00 pm EST on December 3 until 8:30 am EST on December 7.

It is important to note that EFS is strictly a “filing” system. Thus, parties using EFS will remain responsible for serving notices of appeal and all other filings on other parties to the case. Additionally, parties will still have the option of filing documents with the ARB in paper form by regular mail. Use of EFS is not mandatory at this time.

Parties who want to use EFS must register by creating an account. New users must then create a profile with EFS; existing EFSR users will not have to create a new EFS profile. Parties may consult the DOL’s written guidance and video tutorial for further instruction, or may visit the DOL’s support webpage. Additionally, the ARB has scheduled a webinar to discuss EFS on Tuesday, November 17, 2020, from 1:00–2:00 pm EST. Participants should enter “199 118 1372” for the access code and “Welcome!68” for the password. Other important dates are summarized below:

Action and Applicable System

Date(s)

Hyperlink

Preregistration for EFS

November 9, 2020 to 5:00 pm EST on December 3, 2020

https://efile.dol.gov

Deadline for filing via EFSR

5:00 pm EST on December 3, 2020

https://dol-appeals.entellitrak.com

Period of time in which parties will not be able to electronically file with the ARB

5:00 PM EST on December 3, 2020 until 8:30 am EST on December 7, 2020

N/A

Updated EFS “goes live”

8:30 am EST on December 7, 2020

https://efile.dol.gov

Much like EFSR, EFS will allow parties to file documents, receive services of ARB decisions and orders, and check the status of appeals. EFS, however, has some enhancements, including:

  • New login module that can be used across the entire federal government
  • New dashboards
  • Streamlined appeal filing process
  • Improved User Profile and Organization Management sections

Additionally, law firms and others who have delegated staff to conduct filings on behalf of the attorney of record should pay close attention to the User Profile and Organization Management sections of EFS.

We will continue to monitor this area and report on new developments. Contact the authors or your usual Morgan Lewis contact with any questions.