Application of the Fair Labor Standards Act to Domestic Service; Announcement of 30-Day Period of Non-Enforcement, 55029-55030 [2015-23092]

Download as PDF Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations Association, Reporting and recordkeeping requirements. DEPARTMENT OF LABOR For the reasons stated in the preamble, the Commodity Futures Trading Commission amends 17 CFR part 170 as set forth below: 29 CFR Part 552 Wage and Hour Division RIN 1235–AA05 Application of the Fair Labor Standards Act to Domestic Service; Announcement of 30-Day Period of Non-Enforcement PART 170—REGISTERED FUTURES ASSOCIATIONS 1. The authority citation for part 170 is revised to read as follows: ■ Wage and Hour Division, Department of Labor. ACTION: Policy statement. AGENCY: Authority: 7 U.S.C. 6d, 6m, 6p, 6s, 12a, and 21. ■ § 170.17 Introducing brokers, commodity pool operators, and commodity trading advisors. Each person registered as an introducing broker, commodity pool operator, or commodity trading advisor must become and remain a member of at least one futures association that is registered under Section 17 of the Act and that provides for the membership therein of introducing brokers, commodity pool operators, or commodity trading advisors, as the case may be, unless no such futures association is so registered; provided, however that a person registered as a commodity trading advisor shall not be required to become or remain a member of such a futures association, solely in respect of its registration as a commodity trading advisor, if such person is eligible for the exemption from registration as such pursuant to § 4.14(a)(9) of this chapter. Issued in Washington, DC, on September 9, 2015, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission. Note: The following appendix will not appear in the Code of Federal Regulations. Appendix to Membership in a Registered Futures Association— Commission Voting Summary On this matter, Chairman Massad and Commissioners Bowen and Giancarlo voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2015–23046 Filed 9–11–15; 8:45 am] tkelley on DSK3SPTVN1PROD with RULES BILLING CODE 6351–01–P The Department of Labor’s (Department) Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to most home care workers, had an effective date of January 1, 2015. The Department has not begun enforcement of the Final Rule both because of its previously announced time-limited nonenforcement policy and because it is a party to a federal lawsuit regarding the amended regulations. The U.S. Court of Appeals for the District of Columbia issued an opinion in that case in favor of the Department on August 21, 2015. The Department will not bring enforcement actions against any employer for violations of FLSA obligations resulting from the amended domestic service regulations for 30 days after the date the Court of Appeals issues a mandate making its opinion effective. SUMMARY: 2. Add § 170.17 to read as follows: This policy statement was signed on September 9, 2015. FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Assistant Administrator, Office of Policy, U.S. Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW., Room S– 3502, FP Building, Washington, DC 20210; telephone: (202) 343–5940 (this is not a toll-free number), email: HomeCare@dol.gov. Copies of this Policy Statement may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693–0675 (not a toll-free number). TTY/TTD callers may dial tollfree (877) 889–5627 to obtain information or request materials in alternative formats. SUPPLEMENTARY INFORMATION: DATES: I. 30-Day Non-Enforcement Period After Mandate Issues The Department’s Final Rule amending regulations regarding domestic service employment, 78 FR 60454, which extends FLSA protections to most home care workers, had an VerDate Sep<11>2014 16:26 Sep 11, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 55029 effective date of January 1, 2015. The Department has not begun enforcement of the Final Rule both because of its time-limited non-enforcement policy, 79 FR 60974 (October 9, 2014), and because it is a party to a federal lawsuit regarding the amended regulations in which the U.S. District Court for the District of Columbia issued opinions and orders vacating the rule’s major provisions. Home Care Ass’n of Am. v. Weil, 76 F. Supp. 3d 138 (D.D.C. 2014); Home Care Ass’n of Am. v. Weil, 78 F. Supp. 3d 123 (D.D.C. 2015). On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s judgment. Home Care Ass’n of America v. Weil, . . . F.3d . . . , No. 15–5018, 2015 WL 4978980 (D.C. Cir. Aug. 21, 2015). The Court of Appeals opinion will become effective when that court issues a mandate directing the district court to enter a new judgment in favor of the Department. Although it is not yet known on what date the mandate will issue, the Department will not bring enforcement actions against any employer for violations of FLSA obligations resulting from the amended domestic service regulations for 30 days after the date the mandate issues. This 30-day non-enforcement policy does not replace or affect the timeline of the Department’s existing time-limited non-enforcement policy announced in October 2014. 79 FR 60974. Under that policy, through December 31, 2015, the Department will exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since the promulgation of the Final Rule. The Department will also continue to provide intensive technical assistance to the regulated community, as it has since promulgation of the Final Rule. II. Regulatory Requirements This Policy Statement is guidance articulating considerations relevant to the Department’s exercise of its enforcement authority under the FLSA. It is therefore exempt from the noticeand-comment rulemaking requirements under the Administrative Procedure Act pursuant to 5 U.S.C. 553(b). Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The Department has determined that this guidance does not impose any new or revise any existing recordkeeping, E:\FR\FM\14SER1.SGM 14SER1 55030 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations reporting, or disclosure requirements on covered entities or members of the public that would be collections of information requiring OMB approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Dated: September 9, 2015. David Weil, Administrator, Wage and Hour Division. [FR Doc. 2015–23092 Filed 9–11–15; 8:45 am] BILLING CODE 4510–27–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0841] Drawbridge Operation Regulation; Saugus River, Saugus, Massachusetts Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Saugus RR Bridge, across the Saugus River, mile 2.1, at Saugus, Massachusetts. This deviation is necessary to facilitate essential maintenance repairs. This deviation allows the bridge to remain in the closed position during the maintenance repairs. DATES: This deviation is effective from 12:01 a.m. on September 19, 2015 to 11:59 p.m. on September 20, 2015. ADDRESSES: The docket for this deviation, [USCG–2015–0841] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140, on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, contact Mr. Joe Arca, Project Officer, First Coast Guard District, telephone (212) 514–4336, email joe.m.arca@uscg.mil. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: The Saugus RR Bridge, mile 2.1, across tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:26 Sep 11, 2015 Jkt 235001 Saugus River has a vertical clearance in the closed position of 7 feet at mean high water and 17 feet at mean low water. The existing bridge operating regulations opens on schedule as required by 33 CFR 117.5. Saugus River is transited by commercial lobstermen and recreational vessel traffic. Keolis Commuter Railroad requested this temporary deviation from the normal operating schedule to facilitate essential maintenance repairs. Under this temporary deviation, the Saugus RR Bridge may remain in the closed position from 12:01 a.m. on September 19, 2015 to 11:59 p.m. on September 20, 2015. There is no alternate route for vessel traffic; however, vessels that can pass under the closed draws during this closure may do so at any time. The bridge will be able to open in the event of an emergency. The Coast Guard will inform the users of the waterway through our Local Notice to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: September 1, 2015. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2015–23067 Filed 9–11–15; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0299; FRL–9933–84– Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Kansas Regional Haze State Implementation Plan Revision and 2014 Five-Year Progress Report Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve the Kansas State Implementation Plan (SIP) revision submitted to EPA by the State of Kansas SUMMARY: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 on March 10, 2015, documenting that the State’s existing plan is making adequate progress to achieve visibility goals by 2018. The Kansas SIP revision addressed the Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA or Act) to submit a report describing progress in achieving reasonable progress goals (RPGs) to improve visibility in Federally designated areas in nearby states that may be affected by emissions from sources in Kansas. EPA is taking final action to approve Kansas’ determination that the existing Regional Haze (RH) SIP is adequate to meet the visibility goals and requires no substantive revision at this time. DATES: This final rule is effective October 14, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2015–0299. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office’s official hours of business are Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913–551–7991, or by email at krabbe.stephen@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we’’, ‘‘us’’, or ‘‘our’’ refer to EPA. This section provides additional information by addressing the following: I. Background II. Summary of SIP Revision III. Final Action IV. Statutory and Executive Order Reviews I. Background On June 10, 2015, (80 FR 32874), EPA published a notice of proposed rulemaking (NPR) for the State of E:\FR\FM\14SER1.SGM 14SER1

Agencies

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55029-55030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23092]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 552

RIN 1235-AA05


Application of the Fair Labor Standards Act to Domestic Service; 
Announcement of 30-Day Period of Non-Enforcement

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Policy statement.

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SUMMARY: The Department of Labor's (Department) Final Rule amending 
regulations regarding domestic service employment, which extends Fair 
Labor Standards Act (FLSA) protections to most home care workers, had 
an effective date of January 1, 2015. The Department has not begun 
enforcement of the Final Rule both because of its previously announced 
time-limited non-enforcement policy and because it is a party to a 
federal lawsuit regarding the amended regulations. The U.S. Court of 
Appeals for the District of Columbia issued an opinion in that case in 
favor of the Department on August 21, 2015. The Department will not 
bring enforcement actions against any employer for violations of FLSA 
obligations resulting from the amended domestic service regulations for 
30 days after the date the Court of Appeals issues a mandate making its 
opinion effective.

DATES: This policy statement was signed on September 9, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Assistant Administrator, 
Office of Policy, U.S. Department of Labor, Wage and Hour Division, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 
20210; telephone: (202) 343-5940 (this is not a toll-free number), 
email: HomeCare@dol.gov. Copies of this Policy Statement may be 
obtained in alternative formats (Large Print, Braille, Audio Tape, or 
Disc), upon request, by calling (202) 693-0675 (not a toll-free 
number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

I. 30-Day Non-Enforcement Period After Mandate Issues

    The Department's Final Rule amending regulations regarding domestic 
service employment, 78 FR 60454, which extends FLSA protections to most 
home care workers, had an effective date of January 1, 2015. The 
Department has not begun enforcement of the Final Rule both because of 
its time-limited non-enforcement policy, 79 FR 60974 (October 9, 2014), 
and because it is a party to a federal lawsuit regarding the amended 
regulations in which the U.S. District Court for the District of 
Columbia issued opinions and orders vacating the rule's major 
provisions. Home Care Ass'n of Am. v. Weil, 76 F. Supp. 3d 138 (D.D.C. 
2014); Home Care Ass'n of Am. v. Weil, 78 F. Supp. 3d 123 (D.D.C. 
2015). On August 21, 2015, the U.S. Court of Appeals for the District 
of Columbia Circuit reversed the district court's judgment. Home Care 
Ass'n of America v. Weil, . . . F.3d . . . , No. 15-5018, 2015 WL 
4978980 (D.C. Cir. Aug. 21, 2015). The Court of Appeals opinion will 
become effective when that court issues a mandate directing the 
district court to enter a new judgment in favor of the Department. 
Although it is not yet known on what date the mandate will issue, the 
Department will not bring enforcement actions against any employer for 
violations of FLSA obligations resulting from the amended domestic 
service regulations for 30 days after the date the mandate issues.
    This 30-day non-enforcement policy does not replace or affect the 
timeline of the Department's existing time-limited non-enforcement 
policy announced in October 2014. 79 FR 60974. Under that policy, 
through December 31, 2015, the Department will exercise prosecutorial 
discretion in determining whether to bring enforcement actions, with 
particular consideration given to the extent to which States and other 
entities have made good faith efforts to bring their home care programs 
into compliance with the FLSA since the promulgation of the Final Rule. 
The Department will also continue to provide intensive technical 
assistance to the regulated community, as it has since promulgation of 
the Final Rule.

II. Regulatory Requirements

    This Policy Statement is guidance articulating considerations 
relevant to the Department's exercise of its enforcement authority 
under the FLSA. It is therefore exempt from the notice-and-comment 
rulemaking requirements under the Administrative Procedure Act pursuant 
to 5 U.S.C. 553(b).
    Because no notice of proposed rulemaking is required, the 
Regulatory Flexibility Act does not require an initial or final 
regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The 
Department has determined that this guidance does not impose any new or 
revise any existing recordkeeping,

[[Page 55030]]

reporting, or disclosure requirements on covered entities or members of 
the public that would be collections of information requiring OMB 
approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: September 9, 2015.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2015-23092 Filed 9-11-15; 8:45 am]
 BILLING CODE 4510-27-P