Employment Standards Administration 2021 – Federal Register Recent Federal Regulation Documents

Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Withdrawal
Document Number: 2021-09518
Type: Rule
Date: 2021-05-06
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This action finalizes the Department of Labor's proposal to withdraw the rule titled Independent Contractor Status under the Fair Labor Standards Act, which was published in the Federal Register on January 7, 2021.
Tip Regulations Under the Fair Labor Standards Act (FLSA); Delay of Effective Date
Document Number: 2021-08927
Type: Rule
Date: 2021-04-29
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
This action finalizes the Department of Labor's (Department) proposal to further extend the effective date of three discrete portions of the rule titled Tip Regulations Under the Fair Labor Standards Act (FLSA) (2020 Tip final rule), published December 30, 2020. This further delay of three portions of the rule allows the Department to complete a separate rulemaking that proposes to withdraw and re-propose two of these portions of the 2020 Tip final rule, published March 25, 2021, which includes, inter alia, a 60-day comment period and at least a 30-day delay between publication and the rule's effective date. It will also provide the Department additional time to conduct another rulemaking to potentially revise that portion of the 2020 Tip final rule addressing the application of the FLSA's tip credit provision to tipped employees who perform both tipped and non-tipped duties. All of the remaining portions of the 2020 Tip final rule will go into effect on April 30, 2021.
Notice of Approved Agency Information Collection; Information Collection: Records To Be Kept by Employers-Fair Labor Standards Act
Document Number: 2021-06331
Type: Notice
Date: 2021-03-29
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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, ``Records to be kept by EmployersFair Labor Standards Act,'' has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the revision to this ICR is effective immediately and approved through November 30, 2022.
Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal
Document Number: 2021-06245
Type: Proposed Rule
Date: 2021-03-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this notice of proposed rulemaking (NPRM), the Department proposes to withdraw and repropose two portions of the Tip Regulations Under the Fair Labor Standards Act (FLSA) (2020 Tip final rule) and seeks comment on whether to revise one other portion of the 2020 Tip final rule relating to the statutory amendments to the FLSA made by the Consolidated Appropriations Act of 2018 (CAA). The Department also asks questions about how it might improve the recordkeeping requirements in the 2020 Tip final rule in a future rulemaking. This rulemaking is related to a second NPRM, published elsewhere in this issue of the Federal Register, which proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete this rulemaking involving two of those portions and provide the Department additional time to consider whether to withdraw and repropose a third portion of the 2020 Tip final rule concerning the use of the tip credit when employees perform both tipped and non-tipped work.
Tip Regulations Under the Fair Labor Standards Act (FLSA); Delay of Effective Date
Document Number: 2021-06244
Type: Proposed Rule
Date: 2021-03-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
On February 26, 2021, the Department of Labor (Department) published a final rule (Delay Rule) extending until April 30, 2021, the effective date of the rule titled Tip Regulations Under the Fair Labor Standards Act (2020 Tip final rule) in order to allow the Department the opportunity to review issues of law, policy, and fact raised by the 2020 Tip final rule before it takes effect. This notice of proposed rulemaking (NPRM) proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete a separate rulemaking, published elsewhere in this issue of the Federal Register, and to provide the Department additional time to consider whether to withdraw and repropose that portion of the 2020 Tip final rule addressing the application of the FLSA's tip credit provision to tipped employees who perform both tipped and non-tipped duties. The proposed 8-month delay, until December 31, 2021, would allow the Department to finalize the separate rulemaking, which would include, inter alia, a 60-day comment period and at least a 30-day delay between publication and the rule's effective date.
Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act
Document Number: 2021-05473
Type: Notice
Date: 2021-03-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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.
Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service
Document Number: 2021-05405
Type: Proposed Rule
Date: 2021-03-17
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Occupational Safety and Health Administration, Office of Labor-Management Standards, Office of Workers' Compensation Programs, Office of the Secretary of Labor
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.
Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal
Document Number: 2021-05256
Type: Proposed Rule
Date: 2021-03-12
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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.
Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule
Document Number: 2021-04867
Type: Proposed Rule
Date: 2021-03-12
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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.
Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date
Document Number: 2021-04608
Type: Rule
Date: 2021-03-04
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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.
Notice of Approved Agency Information Collection; Information Collection: High-Wage Components of the Labor Value Content Requirements Under USMCA
Document Number: 2021-03912
Type: Notice
Date: 2021-02-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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.
Tip Regulations Under the Fair Labor Standards Act (FLSA): Delay of Effective Date
Document Number: 2021-02485
Type: Proposed Rule
Date: 2021-02-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
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,'' this action proposes to delay until April 30, 2021 the effective date of the rule entitled Tip Regulations Under the Fair Labor Standards Act (``Tip Rule''), published in the Federal Register on December 30, 2020. The rule's current effective date is March 1, 2021. WHD seeks comments on this proposed delay, which would allow the Wage and Hour Division additional opportunity for review and consideration of the new rule.
Independent Contractor Status Under the Fair Labor Standards Act: Delay of Effective Date
Document Number: 2021-02484
Type: Proposed Rule
Date: 2021-02-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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,'' this action proposes to delay until May 7, 2021, the effective date of the rule entitled Independent Contractor Status Under the Fair Labor Standards Act (``Independent Contractor Rule''), published in the Federal Register on January 7, 2021. The rule's current effective date is March 8, 2021. The Wage and Hour Division seeks comments on this proposed delay, which would allow it additional opportunity for review and consideration of the new rule.
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021
Document Number: 2021-00018
Type: Rule
Date: 2021-01-14
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Mine Safety and Health Administration, Occupational Safety and Health Administration, Office of Workers' Compensation Programs
The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost- of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department's 2021 annual adjustments for inflation to its civil monetary penalties.
Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service
Document Number: 2020-28056
Type: Proposed Rule
Date: 2021-01-11
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Occupational Safety and Health Administration, Office of Labor-Management Standards, Office of Federal Contract Compliance Programs, Office of Workers' Compensation Programs, Office of the Secretary of Labor
The Department of Labor (Department or DOL) is issuing this Notice of Proposed Rulemaking (NPRM) to seek public comments on a proposal to require electronic filing (e-filing) and make 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. Self-represented persons will have the option of e-filing or of filing papers by conventional means. This proposed rule would establish a new part containing rules of practice and procedure for the Board and amend existing regulations concerning filing and service that would apply where a governing statute or executive order does not establish contrary rules of filing and service. It would also make other minor corrections to update existing regulations.
Independent Contractor Status Under the Fair Labor Standards Act
Document Number: 2020-29274
Type: Rule
Date: 2021-01-07
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or the Act) to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy.
Discretionary Review by the Secretary of Labor
Document Number: 2020-28952
Type: Proposed Rule
Date: 2021-01-04
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Department of Homeland Security, Office of the Secretary
The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this notice of proposed rulemaking to seek public comments on a proposal to extend DOL's recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases (H-2B cases) pending before or decided by the Department of Labor's Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor's Administrative Review Board in H-2B cases.
Discretionary Review by the Secretary of Labor
Document Number: 2020-28951
Type: Rule
Date: 2021-01-04
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Department of Homeland Security, Office of the Secretary
The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this direct final rule to extend DOL's recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases (H-2B cases) pending before or decided by the Department of Labor's Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor's Administrative Review Board in H-2B cases.