Wage and Hour Division January 2021 – Federal Register Recent Federal Regulation Documents

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.