Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule: Delay of Effective Date, 52412-52413 [2021-20100]

Agencies

• Wage and Hour Division
• DEPARTMENT OF LABOR

[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Rules and Regulations]
[Pages 52412-52413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20100]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 791

RIN 1235-AA37


Rescission of Joint Employer Status Under the Fair Labor 
Standards Act Rule: Delay of Effective Date

AGENCY: Wage and Hour Division (WHD), Department of Labor (DOL).

ACTION: Final rule; delay of effective date.

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SUMMARY: This action delays until October 5, 2021, the effective date 
of the rule titled ``Rescission of Joint Employer Status Under the Fair 
Labor Standards Act Rule,'' published in the Federal Register on July 
30, 2021, to conform to the effective date requirements of the 
Congressional Review Act.

DATES: The effective date of the rule published at 86 FR 40939 on July 
30, 2021, is delayed to October 5, 2021.

FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW, 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Copies of this final rule may be obtained in alternative 
formats (Rich Text Format (RTF) or text format (txt), a thumb drive, an 
MP3 file, large print, braille, audiotape, compact disc, or other 
accessible format), upon request, by calling (202) 693-0675 (this is 
not a toll-free number). TTY/TDD callers may dial toll-free 1-877-889-
5627 to obtain information or request materials in alternative formats.
    Questions of interpretation and/or enforcement of the agency's 
regulations may be directed to the nearest WHD district office. Locate 
the nearest office by calling WHD's toll-free help line at (866) 4US-
WAGE ((866) 487-9243) between 8 a.m. and 5 p.m. in your local time 
zone, or logging onto WHD's website for a nationwide listing of WHD 
district and area offices at https://www.dol.gov/whd/america2.htm.

SUPPLEMENTARY INFORMATION: On July 30, 2021, the Department published a 
final rule titled ``Rescission of Joint Employer Status Under the Fair 
Labor Standards Act Rule'' (Joint Employer Rescission Final Rule) to 
rescind the final rule titled ``Joint Employer Status Under the Fair 
Labor Standards Act,'' which had been published on January 16, 2020. 86 
FR 40939 (July 30, 2021). The effective date set forth in the Joint 
Employer Rescission Final Rule is September 28, 2021, 60 days after 
publication.
    Pursuant to the Congressional Review Act (CRA), the Department 
submitted the required report and information on the Joint Employer 
Rescission Final Rule to each House of the Congress and the Comptroller 
General. 5 U.S.C. 801(a)(1)(A)-(B). The Department has been informed 
that the Senate did not receive the submission until August 6, 2021. 
The Office of Information and Regulatory Affairs (OIRA) designated the 
Joint Employer Rescission Final Rule as a major rule, as defined by 5 
U.S.C. 804(2). Accordingly, in order to conform to the effective date 
requirements of the CRA, the Department in this final rule is extending 
the effective date of the Joint Employer Rescission Final Rule to 
October 5, 2021, 60 days after the Senate received the Department's 
submission. 5 U.S.C. 801(a)(3).
    Section 553(b)(3)(B) of the Administrative Procedure Act (APA)

[[Page 52413]]

provides that an agency is not required to publish a notice of proposed 
rulemaking in the Federal Register and solicit public comments when the 
agency has good cause to find that doing so would be ``impracticable, 
unnecessary, or contrary to the public interest.'' 5 U.S.C. 
553(b)(3)(B). The Department finds that good cause exists to dispense 
with the notice and public comment procedures for this final rule, as 
it concludes that such procedures are unnecessary because this rule 
merely extends the effective date of the Joint Employer Rescission 
Final Rule by 7 days in order to comply with the effective date 
requirements of the CRA for major rules. Moreover, the Joint Employer 
Rescission Final Rule was promulgated pursuant to notice and comment 
rulemaking, and this rule does not make any changes to that rule other 
than the brief delay of the effective date. 86 FR 40939 (July 30, 
2021). Therefore, the Department is issuing this delay of effective 
date as a final rule.
    Section 553(d) of the APA also provides that substantive rules 
should take effect not less than 30 days after the date they are 
published in the Federal Register unless ``otherwise provided by the 
agency for good cause found[.]'' 5 U.S.C. 553(d)(3). Since this rule 
merely delays the effective date of the Joint Employer Rescission Final 
Rule by 7 days as required by the CRA, and makes no other changes to 
that rule, the Department finds that it is unnecessary to delay the 
effective date of this action by 30 days. Accordingly, the Department 
finds that good cause exists to make this delay of effective date 
action effective on the date of publication.
    Section 808 of the CRA provides that a rule shall take effect at 
the time determined by the promulgating agency when the agency for good 
cause finds that ``notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 808(2). The Department finds that good cause exists to dispense 
with notice and public procedure for this final rule, as it concludes 
that such procedures are unnecessary. As noted above, the Joint 
Employer Rescission Final Rule was published on July 30, 2021, with an 
effective date of September 28, 2021, and this rule merely delays the 
effective date of that rule by 7 days to comply with the requirements 
of the CRA. Therefore, the Department finds that good cause exists to 
make this delay of effective date effective on the date of publication. 
However, consistent with the CRA, the Department will submit to 
Congress and the Comptroller General the reports required by the Act. 5 
U.S.C. 801(a)(1)(A)-(B).

    Signed on September 10, 2021.
Jessica Looman,
Acting Administrator, Wage and Hour Division.
[FR Doc. 2021-20100 Filed 9-20-21; 8:45 am]
BILLING CODE 4510-27-P