; and (II) appeal an order of an administrative law judge under subclause (I) to a Federal or State court of competent jurisdiction. (ii) Compliance with order during appeal For the duration of an appeal described in clause (i)(I), the employer and employee shall comply with the order of the Secretary until and unless the order is overturned by an administrative law judge. For the duration of an appeal described in clause (i)(II), the employer and employee shall comply with the order of the administrative law judge until and unless the order is overturned by a Federal or State court of competent jurisdiction. (D) Compelling business necessity For purposes of this paragraph, the term compelling business necessity means only any of the following: (i) A significant burden of additional costs to the employer that would be prohibitive of continuing to conduct business. (ii) A complete inability of the employer to reorganize work amongst existing employees. (iii) A complete inability of the employer to recruit additional employees. (iv) A significant detrimental effect on the ability of the employer to meet customer demand. (v) A lack of work during the period the employee proposes to work. (vi) A planned structural change to the employer's business, which was planned before the request was made. (vii) Any other grounds as determined by the Secretary through regulation that the Secretary demonstrates satisfy the high bar of being compellingly necessary for an employer to continue conducting business and being more than merely a legitimate business reason. ; (2) by striking section 10 ( 29 U.S.C. 210 )