Department of Labor July 2015 – Federal Register Recent Federal Regulation Documents

Guidance for Executive Order 13673: “Fair Pay and Safe Workplaces”
Document Number: 2015-17281
Type: Notice
Date: 2015-07-14
Agency: Department of Labor, Office of the Secretary
On May 28, 2015, the Department of Labor (DOL) published proposed guidance to assist federal agencies and the contracting community in implementing Executive Order 13673, ``Fair Pay and Safe Workplaces,'' which is designed to improve contractor compliance with labor laws and increase efficiency and cost savings in Federal contracting. The deadline for submitting comments is being extended from July 27, 2015, to August 11, 2015, to provide additional time for interested parties to provide comments on the DOL guidance. The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), which on May 28, 2015, jointly published a proposed rule implementing Executive Order 13673, are similarly extending the comment period for their proposed rule by 15 days to August 11, 2015. If you have already commented on the proposed guidance you do not need to resubmit your comment. Should you choose to do so, you can submit additional or supplemental comments. DOL will consider all comments received from the date of publication of the proposed guidance through the close of the extended comment period.
Coverage of Certain Preventive Services Under the Affordable Care Act
Document Number: 2015-17076
Type: Rule
Date: 2015-07-14
Agency: Employee Benefits Security Administration, Department of Labor, Department of Health and Human Services, Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final regulations regarding coverage of certain preventive services under section 2713 of the Public Health Service Act (PHS Act), added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Section 2713 of the PHS Act requires coverage without cost sharing of certain preventive health services by non-grandfathered group health plans and health insurance coverage. These regulations finalize provisions from three rulemaking actions: Interim final regulations issued in July 2010 related to coverage of preventive services, interim final regulations issued in August 2014 related to the process an eligible organization uses to provide notice of its religious objection to the coverage of contraceptive services, and proposed regulations issued in August 2014 related to the definition of ``eligible organization,'' which would expand the set of entities that may avail themselves of an accommodation with respect to the coverage of contraceptive services.
Proposed Collection, Comment Request
Document Number: 2015-17074
Type: Notice
Date: 2015-07-14
Agency: Department of Labor, Bureau of Labor Statistics
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed extension of the ``Consumer Price Index Housing Survey.'' A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.
Comment Request for Information Collections in the H-2B Temporary Non-Agricultural Employment-Based Visa Program (OMB Control Number 1205-0509), Extension
Document Number: 2015-16874
Type: Notice
Date: 2015-07-10
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments concerning the information collections in the H-2B temporary non-agricultural employment-based visa program, which includes Form ETA-9142B, H-2B Application for Temporary Employment Certification; Appendix B; Form ETA-9155 H-2B Registration; and the Seafood Industry Attestation. These forms all expire on October 31, 2015. A copy of the proposed information collection request can be obtained free of charge by contacting the office listed below in the addressee section of this notice.
Comment Request for Information Collection for the Evaluation of the Young Parents Demonstration Program, Reinstatement With Change
Document Number: 2015-16717
Type: Notice
Date: 2015-07-08
Agency: Employment and Training Administration, Department of Labor
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506 (c) (A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the information collection request (ICR) to collect data for the Evaluation of the Young Parents Demonstration Program (YPDP).\1\
Agency Information Collection Activities; Comment Request; Weekly Claims and Extended Benefits Data and Weekly Initial and Continued Weeks Claimed
Document Number: 2015-16590
Type: Notice
Date: 2015-07-07
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, provides this notice to the public and Federal agencies to provide an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection process for unemployment insurance (UI), Extended Benefits, Notice of Proposed Rulemaking (NPRM). The NPRM is titled, Federal-State Unemployment Compensation Program; Implementing the Total Unemployment Rate as an Extended Benefits Indicator and Amending for Technical Corrections; Notice of Proposed Rulemaking (RIN 1205-AB62).
Proposed Extension of Existing Collection; Comment Request
Document Number: 2015-16579
Type: Notice
Date: 2015-07-07
Agency: Department of Labor, Office of Workers' Compensation Programs
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Workers' Compensation Programs is soliciting comments concerning the proposed collection: Provider Enrollment Form (OWCP-1168). A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Comment Request for Information Collection for ETA 9128, Reemployment Services and Eligibility Assessments Workload Report, ETA 9129, Reemployment Services and Eligibility Assessments Outcomes Report, Extension With Revision, ETA 9128 X, Reemployment Services and Eligibility Assessments Workload Report for Unemployment Compensation for Ex-Servicemembers (UCX), and ETA 9129 X, Reemployment Services and Eligibility Assessments Outcomes Report for Unemployment Compensation for Ex-Servicemembers
Document Number: 2015-16560
Type: Notice
Date: 2015-07-07
Agency: Employment and Training Administration, Department of Labor
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies an opportunity to comment on proposed and/or continuing collection of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps to ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about the ETA 9128, and the ETA 9129 and the new ETA 9128 X and ETA 9129 X. The current expiration date for the ETA 9128 and ETA 9129 reports is January 31, 2016. Beginning in 2016, states will be required to target for the Reemployment Services and Eligibility Assessment (RESEA) program one-third of those regular claimants most likely to exhaust their benefits and all claimants receiving UCX. For this reason the Department is proposing that states send an ETA 9128 report for one-third of those regular claimants most likely to exhaust their benefits and a separate ETA 9128 X report for UCX recipients. These two reports will reflect different populations and all data elements will be the same as are currently collected on the ETA 9128 report. To review the outcomes of the RESEA program, the Department is proposing to use the ETA 9129 report and the ETA 9129 X report for UCX participants. The data elements in these reports will parallel those of the treatment group on the current reports. Data collection for the comparison group in the ETA 9129 is being discontinued under this revision and will not be included in the ETA 9129 X. All these reports will reflect the new name for the Reemployment and Eligibility Assessment (REA) program, which changed in 2015 to the RESEA program.
Privacy Act of 1974; Publication of an individual Systems of Records
Document Number: 2015-16460
Type: Notice
Date: 2015-07-06
Agency: Department of Labor, Office of the Secretary
The Privacy Act of 1974 requires that each agency publish notice of all of the systems of records that it maintains. This document proposes to establish an individual system of records to the current systems of records of the Department of Labor (Department or DOL).
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
Document Number: 2015-15464
Type: Proposed Rule
Date: 2015-07-06
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage and overtime pay at a rate of not less than one and one- half times the employee's regular rate for hours worked over 40 in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. The Department of Labor (Department) proposes to update and revise the regulations issued under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. This exemption is referred to as the FLSA's ``EAP'' or ``white collar'' exemption. To be considered exempt, employees must meet certain minimum tests related to their primary job duties and be paid on a salary basis at not less than a specified minimum amount. The standard salary level required for exemption is currently $455 a week ($23,660 for a full-year worker) and was last updated in 2004. By way of this rulemaking, the Department seeks to update the salary level to ensure that the FLSA's intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the EAP exemption easier for employers and workers to understand. The Department also proposes automatically updating the salary level to prevent the level from becoming outdated with the often lengthy passage of time between rulemakings. Lastly, the Department is considering whether revisions to the duties tests are necessary in order to ensure that these tests fully reflect the purpose of the exemption.
Comment Request for Information Collection for Unemployment Insurance Call Center Final Assessment Guide, New Collection
Document Number: 2015-16321
Type: Notice
Date: 2015-07-02
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about Unemployment Insurance (UI) Call Center Operations and Technologies in each State. This Assessment Guide was developed to assist the Department in conducting a study of all 53 States' UI Call Centers (including District of Columbia, Puerto Rico and the Virgin Islands), accomplished by an analysis of study findings by Coffey Consulting, LLC, contractor to ETA. The analysis report will be based on the telephone interviews conducted with the States.
Comment Request for Information Collection for the American Apprenticeship Initiative Grants, New Collection
Document Number: 2015-16320
Type: Notice
Date: 2015-07-02
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data entailed by the American Apprenticeship Initiative Grants, which are designed to support grantees in providing education, training, and job placement assistance through registered apprenticeships in occupations and/or industries that have high-growth potential for which employers are using H-1B visas to hire foreign workers, and the related activities necessary to support such education, training, and placement activities.
Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges; Corrections
Document Number: 2015-16239
Type: Rule
Date: 2015-07-01
Agency: Department of Labor, Office of the Secretary
This document contains corrections to the final regulations which were published in the Federal Register of May 19, 2015 (80 FR 28768). Those regulations relate to rules of practice and procedure for administrative hearings before the Office of Administrative Law Judges.