Judicial review

  1. Law
  2. US Virgin Islands Code
  3. Labor
  4. Fair Labor Standards
  5. Judicial review

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  • (a) Any interested person in any occupation for which any wage order or any administrative regulation has been issued under the provisions of this chapter, who may be aggrieved by any such order or regulation, may obtain a review thereof in the district court by filing in such court within 30 days after the date of publication of such order or regulation a written petition praying that the order or regulation be modified or set aside. A copy of such petition shall be served upon the Commissioner.

  • The finding of facts, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the order or regulation is in accordance with law. If the court determines that such order or regulation is not in accordance with law it shall remand the case to the Commissioner with directions to modify or revoke such order or regulation and, if necessary, to resubmit the order or regulation to a wage board with directions to take further proceedings in accordance with law. If application is made to the court for leave to adduce additional evidence by any aggrieved party, such party shall show to the satisfaction of the court that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence before the wage board or the Commissioner. If the court finds that such evidence is material and that reasonable grounds exist for the failure of the aggrieved party to adduce such evidence in prior proceedings, the court may remand the case to the Commissioner with directions that such additional evidence be taken before such wage board or the Commissioner. The wage board or the Commissioner as the case may be, may modify its findings and conclusions, in whole or in part, by reason of such additional evidence.

  • (b) The commencement of proceedings under subsection (a) of this section shall not, unless specifically ordered by the court, operate as a stay of a wage order or of an administrative regulation issued under the provisions of this chapter. The court shall not grant any stay of a wage order or of an administrative regulation pertaining to wage rates unless the person complaining of such order or regulation files in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order or regulation, in the event such order or regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the wage order or regulation exceeds the compensation they actually receive while such stay is in effect.


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