Department of Labor 2021 – Federal Register Recent Federal Regulation Documents
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Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States: Proposed Delay of Effective and Transition Dates
On March 12, 2021, the Department of Labor (Department or DOL) published a final rule delaying the effective date of the rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (the rule or Final Rule), published in the Federal Register on January 14, 2021, from March 15, 2021 until May 14, 2021. This action proposes to further delay the effective date of the rule by eighteen months or until November 14, 2022, along with corresponding proposed delays to the rule's transition dates. This additional delay will provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule, and offer the public, through the issuance of a separate Request for Information, an opportunity to provide information on the sources and methods for determining prevailing wage levels covering employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H-1B, H-1B1, or E-3 nonimmigrant visas. This proposed delay will also provide agency officials with a sufficient amount of time to compute and validate prevailing wage data covering specific occupations and geographic areas, complete and thoroughly test system modifications, train staff, and conduct public outreach to ensure an effective and orderly implementation of any revisions to the prevailing wage levels.
Proposed Exemption for Certain Prohibited Transaction Restrictions Involving the Electrical Insurance Trustees Insurance Fund and the Electrical Joint Apprenticeship and Training Trust (the Plans or the Applicants) Located in Alsip, IL
This document provides notice of the pendency before the Department of Labor (the Department) of a proposed individual exemption from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Davis-Bacon Certified Payroll
The Department of Labor (DOL) is submitting this Wage and Hour Division (WHD)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act
The Department of Labor (the Department) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled ``Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). The Department proposes to extend the approval of this existing information collection without change. 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. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Training Plans and Records of Training, for Underground Miners and Miners Working at Surface Mines and Surface Areas of Underground Mines
The Department of Labor (DOL) is submitting this Mining Safety and Health Administration (MSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Rules of Practice and Procedure
The Department of Labor is withdrawing the proposed rule that accompanied its direct final rule (DFR) that requires electronic filing (e-filing) and electronic service (e-service) for attorneys and lay representatives representing parties in proceedings before the Employees' Compensation Appeals Board (ECAB or the Board) and allows the Board, in its discretion, to hold oral arguments by videoconference.
Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges
The Department of Labor is reopening for 15 days the comment period on the January 11, 2021, notice of proposed rulemaking that would have provided for electronic filing (e-filing) and electronic service (e-service) of papers, required e-filing for persons represented by attorneys or non-attorney representatives unless good cause is shown justifying a different form of filing, and required advance notice to the parties of the manner of a hearing or prehearing conference.
Rules of Practice and Procedure
The Department of Labor is reopening for 15 days the comment period on the January 11, 2021, notice of proposed rulemaking that would have required electronic filing (e-filing) and acceptance of electronic service (e-service) for persons represented by attorneys or non-attorney representatives unless good cause is shown justifying a different form of filing.
Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service
The Department of Labor is withdrawing the proposed rule that accompanied its direct final rule (DFR) that requires electronic filing (e-filing) and makes acceptance of electronic service (e-service) automatic for attorneys and non-attorney representatives representing parties in proceedings before the Administrative Review Board (Board), unless the Board authorizes non-electronic filing and service for good cause; establishes a new part containing rules of practice and procedure for the Board; and amends existing regulations concerning filing and service that apply where a governing statute or executive order does not establish contrary rules of filing and service.
Occupational Safety and Health Administration Maritime Advisory Committee on Occupational Safety and Health (MACOSH): Notice of Meeting
The Maritime Advisory Committee on Occupational Safety and Health (MACOSH) will meet March 30, 2021, by teleconference and WebEx.
TUV Rheinland of North America, Inc.: Application for Expansion of Recognition
In this notice, OSHA announces the application of TUV Rheinland of North America, Inc., for expansion of the scope of recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the agency's preliminary finding to grant the application.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Certificate of Medical Necessity
The Department of Labor (DOL) is submitting this Office of Workers' Compensation Programs (OWCP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Agreement and Undertaking
The Department of Labor (DOL) is submitting this Office of Workers' Compensation Programs (OWCP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Representative Payee Report, Representative Payee Report (Short Form), and Physician's/Medical Officer's Statement
The Department of Labor (DOL) is submitting this Office of Workers' Compensation Programs (OWCP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States; Delay of Effective Date
On February 1, 2021, the Department of Labor (DOL or Department) proposed to delay the effective date of the final rule entitled ``Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,'' published in the Federal Register on January 14, 2021, for a period of 60 days. The Department proposed to delay the effective date of the final rule until May 14, 2021, in accordance with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review.'' As stated in the proposal, the 60-day delay would allow agency officials the opportunity to review any questions of fact, law, or policy. The Department invited written comments from the public for 15 days on the proposed delay of effective date. All comments had to be received by February 16, 2021. The Department received 57 comments from the stakeholder community. The Department has reviewed the comments received in response to the proposal and will delay the effective date of the final rule for a period of 60 days.
Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal
This notice of proposed rulemaking (NPRM) proposes to withdraw the final rule titled ``Independent Contractor Status under the Fair Labor Standards Act,'' which was published on January 7, 2021 and the effective date of which is currently May 7, 2021.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Equal Access to Justice Act
The Department of Labor (DOL) is submitting this Office of the Assistant Secretary for Administration and Management (OASAM)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule
This notice of proposed rulemaking (NPRM) proposes to rescind the final rule entitled ``Joint Employer Status Under the Fair Labor Standards Act,'' which published on January 16, 2020 and took effect on March 16, 2020. The proposed rescission would remove the regulations established by that rule.
Information Collection Activities; Comment Request
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. 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 reinstatement, with change of the Survey of Respirator Use and Practices.'' A copy of the proposed information collection request can be obtained by contacting the individual listed below in the ADDRESSES section of this notice.
National Advisory Committee on Occupational Safety and Health (NACOSH); Request for Nominations
OSHA invites interested persons to submit nominations for membership on the National Advisory Committee on Occupational Safety and Health (NACOSH).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Federal Contractor Veterans' Employment Report (VETS-4212)
The Department of Labor (DOL) is submitting this Veterans' Employment and Training Service (VETS)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Monetary Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging
The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the annual updates to allowable monetary charges employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge these workers when the employer provides three meals per day. This notice also announces the maximum travel subsistence meal reimbursement a worker with receipts may claim under the H-2A and H-2B programs. Finally, this notice includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence.
Request for Information Concerning a Report on Labor Market Information on the Native American Work Force
The Department of Labor (the ``Department'') requests information on issues related to the development of a report concerning ``Labor Market Information on the Indian Workforce,'' pursuant to the requirement in the Indian Employment, Training and Related Services Consolidation Act of 2017. The law tasks the Secretary of Labor to ``in a consistent and reliable manner, develop, maintain and publish, not less than biennially'' information related to 574 federally recognized tribes who are eligible for services under the Bureau of Indian Affairs (in the Department of the Interior). The Department invites tribal leaders, representatives, data specialists, and tribal members, as well as researchers and other interested parties to submit information related to the discussion and questions identified in the Supplementary Information section below. Responses to this Request for Information (RFI) will help the Department to identify approaches for generating accurate, timely and useful labor market information, and will complement the Department's consultations, as required under the law, with the Department of the Interior, tribes, and the Census Bureau.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Generic Clearance for Formative Data Collections for Research and Evaluation, New Collection
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 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). 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 is properly assessed. Currently, the Department of Labor is soliciting comments concerning the collection of data for formative data collections for research and evaluations. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.
Nemko North America, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to Nemko North America, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
Intertek Testing Services NA, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to Intertek Testing Services NA, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
IAPMO Ventures, LLC dba IAPMO EGS: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to IAPMO Ventures, LLC dba IAPMO EGS as a Nationally Recognized Testing Laboratory (NRTL).
Bureau Veritas Consumer Products Services, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to Bureau Veritas Consumer Products Services, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
MET Laboratories, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to MET Laboratories, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
CSA Group Testing & Certification Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to CSA Group Testing & Certification Inc. as a Nationally Recognized Testing Laboratory (NRTL).
FM Approvals LLC: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to FM Approvals LLC as a Nationally Recognized Testing Laboratory (NRTL).
TÜV SÜD America, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to T[Uuml]V S[Uuml]D America, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
Southwest Research Institute: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to Southwest Research Institute as a Nationally Recognized Testing Laboratory (NRTL).
SGS North America, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to SGS North America, Inc. as a Nationally Recognized Testing Laboratory (NRTL).
QAI Laboratories Ltd.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to QAI Laboratories Ltd. as a Nationally Recognized Testing Laboratory (NRTL).
NSF International: Request for Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to NSF International as a Nationally Recognized Testing Laboratory (NRTL).
Underwriters Laboratories, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to UL LLC as a Nationally Recognized Testing Laboratory (NRTL).
TUV Rheinland of North America, Inc.: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to TUV Rheinland of North America, Inc. (TUVRNA) as a Nationally Recognized Testing Laboratory (NRTL).
TÜV SÜD Product Services GmbH: Grant of Renewal of Recognition
In this notice, OSHA announces the final decision to grant renewal of recognition to T[Uuml]V S[Uuml]D Product Services GmbH as a Nationally Recognized Testing Laboratory (NRTL).
Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date
Consistent with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled ``Regulatory Freeze Pending Review,'' this action finalizes the Department of Labor's proposal to delay until May 7, 2021, the effective date of the rule titled Independent Contractor Status Under the Fair Labor Standards Act (``Independent Contractor Rule'' or ``January 2021 Rule''), which was published in the Federal Register on January 7, 2021, to allow the Department to review issues of law, policy, and fact raised by the rule before it takes effect.
State All Payer Claims Databases Advisory Committee
This notice announces the establishment of the State All Payer Claims Databases Advisory Committee (Committee) and also solicits nominations for members to be appointed by the Secretary of Labor (Secretary). The No Surprises Act, enacted as part of the Consolidated Appropriations Act, 2021, requires the Department of Labor (DOL) to establish (and periodically update) a standardized reporting format for voluntary reporting by group health plans to State All Payer Claims Databases and provide guidance to States on collecting data. The Act also directs the Secretary to convene an advisory committee.
Gestamp West Virginia: Grant of Permanent Variance
In this notice, OSHA grants a permanent variance to Gestamp West Virginia from the provisions of the OSHA standard that regulate the control of hazardous energy (lockout/ tagout).
Agency Information Collection Activities; Submission for OMB Review; Comment Request; National Compensation Survey
The Department of Labor (DOL) is submitting this Bureau of Labor Statistics (BLS)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Rules of Practice and Procedure
Due to the receipt of significant adverse comment on the conforming Office of Administrative Law Judges (OALJ) rulemaking in which commenters noted that they also practice before the Benefits Review Board (BRB), the Department of Labor is withdrawing the January 11, 2021 direct final rule (DFR) that would have provided for electronic filing (e-filing) and electronic service (e-service) of papers and required e-filing for persons represented by attorneys or non-attorney representatives unless good cause is shown justifying a different form of filing.
Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges
Due to the receipt of significant adverse comment, the Department of Labor is withdrawing the January 11, 2021 direct final rule (DFR) that would have provided for electronic filing (e-filing) and electronic service (e-service) of papers, required e-filing for persons represented by attorneys or non-attorney representatives unless good cause is shown justifying a different form of filing, and required advance notice to the parties of the manner of a hearing or prehearing conference.
Notice of Approved Agency Information Collection; Information Collection: High-Wage Components of the Labor Value Content Requirements Under USMCA
In accordance with the Paperwork Reduction Act (PRA), the Wage and Hour Division (WHD) is providing notice to the public that the WHD sponsored information collection request (ICR) titled, ``High-Wage Components of the Labor Value Content Requirements under USMCA,'' has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been extended effective immediately through January 31, 2024.
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