Employment and Training Administration November 2018 – Federal Register Recent Federal Regulation Documents

Notice of the Federal Unemployment Tax Act (FUTA) Credit Reduction Applicable in 2018
Document Number: 2018-25456
Type: Notice
Date: 2018-11-23
Agency: Employment and Training Administration, Department of Labor
Sections 3302(c)(2)(A) and 3302(d)(3) of the FUTA provide that employers in a State that has outstanding advances under Title XII of the Social Security Act on January 1 of two or more consecutive years are subject to a reduction in credits otherwise available against the FUTA tax for the calendar year in which the most recent such January 1 occurs, if advances remain on November 10 of that year. Further, Section 3302(c)(2)(C) of FUTA provides for an additional credit reduction for a year if a State has outstanding advances on five or more consecutive January firsts and has a balance on November 10 for such years. Section 3302(c)(2)(C) also provides for waiver of this additional credit reduction and substitution of the credit reduction provided in Section 3302(c)(2)(B) if a state meets certain conditions. California and the United States Virgin Islands were potentially liable for the additional credit reduction under Section 3302(c)(2)(C) of FUTA and applied for the available waiver. It has been determined that each one met all of the criteria of the section necessary to qualify for the waiver of the additional credit reduction. Further, the additional credit reduction of Section 3302(c)(2)(B) is zero for California and the Virgin Islands for 2018. California repaid its outstanding advances prior to November 10, 2018; hence there will be no FUTA credit reduction for the State's employers. Employers in the Virgin Islands will have no additional credit reduction applied for calendar year 2018. However, as a result of having outstanding advances on each January 1 of 2010 through 2018 as well as on November 10, 2018, employers in the Virgin Islands are subject to a FUTA credit reduction of 2.4 percent in 2018.
Modernizing Recruitment Requirements for the Temporary Employment of H-2B Foreign Workers in the United States
Document Number: 2018-24498
Type: Proposed Rule
Date: 2018-11-09
Agency: Employment and Training Administration, Department of Labor, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Labor (DOL) (collectively, the Departments), are jointly proposing regulatory revisions that would modernize the recruitment an employer seeking H-2B nonimmigrant workers must conduct when applying for a temporary labor certification. In particular, the Departments are proposing to replace the print newspaper advertisements that their regulations currently require with electronic advertisements posted on the internet, which the Departments believe will be a more effective and efficient means of disseminating information about job openings to U.S. workers. The Departments are proposing to replace, rather than supplement, the newspaper requirements because they believe that exclusive electronic advertisements posted on a website appropriate for the workers likely to apply for the job opportunity in the area of intended employment would best ensure that U.S. workers learn of job opportunities.
Modernizing Recruitment Requirements for the Temporary Employment of H-2A Foreign Workers in the United States
Document Number: 2018-24497
Type: Proposed Rule
Date: 2018-11-09
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (the Department or DOL) is proposing regulatory revisions that would modernize the recruitment an employer seeking H-2A nonimmigrant agricultural workers must conduct when applying for a temporary labor certification. In particular, the Department is proposing to replace the print newspaper advertisements that its regulations currently require with electronic advertisements posted on the internet, which the Department believes will be a more effective and efficient means of disseminating information about job openings to U.S. workers. The Department is proposing to replace, rather than supplement, the newspaper requirements because it believes that exclusive electronic advertisements posted on a website appropriate for the workers likely to apply for the job opportunity in the area of intended employment would best ensure that U.S. workers learn of job opportunities.
Post-Initial Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
Document Number: 2018-24292
Type: Notice
Date: 2018-11-07
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2018-24291
Type: Notice
Date: 2018-11-07
Agency: Employment and Training Administration, Department of Labor
Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
Document Number: 2018-24290
Type: Notice
Date: 2018-11-07
Agency: Employment and Training Administration, Department of Labor
Federal-State Unemployment Compensation Program: Certifications for 2018 Under the Federal Unemployment Tax Act
Document Number: 2018-24289
Type: Notice
Date: 2018-11-07
Agency: Employment and Training Administration, Department of Labor
The Secretary of Labor signed the annual certifications under the Federal Unemployment Tax Act, thereby enabling employers who make contributions to state unemployment funds to obtain certain credits against their liability for the federal unemployment tax. By letter, the certifications were transmitted to the Secretary of the Treasury. The letter and certifications are printed below.
Federal-State Unemployment Compensation Program; Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants Under the Middle Class Tax Relief and Job Creation Act of 2012
Document Number: 2018-23952
Type: Proposed Rule
Date: 2018-11-05
Agency: Employment and Training Administration, Department of Labor
This Notice of Proposed Rulemaking (NPRM) sets forth the Department of Labor's proposal to permit States to drug test unemployment compensation (UC) applicants, including a proposed list of occupations which the Department of Labor (``Department'' or ``DOL'') has determined regularly conduct drug testing.