Wage and Hour Division 2024 – Federal Register Recent Federal Regulation Documents

Tip Regulations Under the Fair Labor Standards Act (FLSA); Restoration of Regulatory Language
Document Number: 2024-29798
Type: Rule
Date: 2024-12-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
On October 29, 2021, the U.S. Department of Labor (Department) published a final rule (2021 Dual Jobs Rule) addressing the determination of when a tipped employee is employed in dual jobs under the Fair Labor Standards Act (FLSA or the Act). The 2021 Dual Jobs Rule took effect on December 28, 2021.On October 29, 2024, a federal appeals court issued an order vacating regulatory text from the Department's 2021 Dual Jobs Rule, with the effect of reinstating the Department's original FLSA regulation on the topic. In accordance with that court order, the Department is issuing this final rule to remove from the Code of Federal Regulations (CFR) the corresponding regulatory text that the Department promulgated through the 2021 Dual Jobs Rule and reinstate regulatory text as it existed in the CFR prior to the effective date of the 2021 Dual Jobs Rule. This action is a technical amendment accounting for changes in the law which have already occurred.
Employment of Workers With Disabilities Under Section 14(c) of the Fair Labor Standards Act
Document Number: 2024-27880
Type: Proposed Rule
Date: 2024-12-04
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Fair Labor Standards Act (FLSA or Act) authorizes the Secretary of Labor to issue certificates allowing employers to pay productivity-based subminimum wages to workers with disabilities, but only where such certificates are necessary to prevent the curtailment of opportunities for employment. Employment opportunities for individuals with disabilities have vastly expanded in recent decades, in part due to significant legal and policy developments. Based on that evidence, the Department has tentatively concluded that subminimum wages are no longer necessary to prevent the curtailment of employment opportunities for individuals with disabilities and thus proposes to phase out the issuance of section 14(c) certificates.
Minimum Wage for Federal Contracts Covered by Executive Order 14026, Notice of Rate Change in Effect as of January 1, 2025
Document Number: 2024-22100
Type: Notice
Date: 2024-09-30
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Wage and Hour Division (WHD) of the U.S. Department of Labor (the Department) is issuing this notice to announce the applicable minimum wage rate for workers performing work on or in connection with Federal contracts covered by Executive Order 14026, Increasing the Minimum Wage for Federal Contractors (the Executive Order or the order). Beginning on January 1, 2025, the Executive Order 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $17.75 per hour. This minimum wage rate will apply to non- tipped and tipped employees alike. Contracts similar to those covered by Executive Order 14026 that were entered into, renewed, or extended prior to January 30, 2022, are generally subject to a lower minimum wage rate established by Executive Order 13658 of February 12, 2014, Establishing a Minimum Wage for Contractors.
Minimum Wage for Federal Contracts Covered by Executive Order 13658, Notice of Rate Change in Effect as of January 1, 2025
Document Number: 2024-22099
Type: Notice
Date: 2024-09-30
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Wage and Hour Division (WHD) of the U.S. Department of Labor (the Department) is issuing this notice to announce the applicable minimum wage rate for workers performing work on or in connection with Federal contracts covered by Executive Order 13658, Establishing a Minimum Wage for Contractors (the Executive Order or the order), beginning January 1, 2025. Beginning on that date, the Executive Order 13658 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $13.30 per hour, while the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts will increase to $9.30 per hour. Covered contracts that are entered into on or after January 30, 2022, or that are renewed or extended (pursuant to an option or otherwise) on or after January 30, 2022, are generally subject to a higher minimum wage rate established by Executive Order 14026 of April 27, 2021, Increasing the Minimum Wage for Federal Contractors.
Agency Information Collection Activities: Comment Request; Information Collections: Davis-Bacon Certified Payroll
Document Number: 2024-19482
Type: Notice
Date: 2024-08-30
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department), is soliciting comments concerning a proposed revision of the information collection request (ICR) titled "Davis-Bacon Certified Payroll." 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 PRA comment process 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 collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Agency Information Collection Activities; Comment Request; Information Collections: Employment Information Form
Document Number: 2024-14158
Type: Notice
Date: 2024-06-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department) is soliciting comments concerning a proposed revision of the information collection request (ICR) titled "Employment Information Form." 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). 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.
Notice of Approved Agency Information Collection; Information Collection: Employment Information Form
Document Number: 2024-12376
Type: Notice
Date: 2024-06-06
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 "Employment Information Form," has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been revised and extended effective immediately through May 31, 2027.
Notice of Approved Agency Information Collection; Information Collection: Records To Be Kept by Employers-Fair Labor Standards Act
Document Number: 2024-12375
Type: Notice
Date: 2024-06-06
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 information collection has been revised and extended effective immediately through May 31, 2027.
Improving Protections for Workers in Temporary Agricultural Employment in the United States
Document Number: 2024-08333
Type: Rule
Date: 2024-04-29
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers employed in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of these nonimmigrant workers. The revisions in this final rule focus on strengthening protections for temporary agricultural workers and enhancing the Department's capabilities to monitor program compliance and take necessary enforcement actions against program violators.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
Document Number: 2024-08038
Type: Rule
Date: 2024-04-26
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department) is updating and revising the regulations issued under the Fair Labor Standards Act implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees. Significant revisions include increasing the standard salary level, increasing the highly compensated employee total annual compensation threshold, and adding to the regulations a mechanism that will allow for the timely and efficient updating of the salary and compensation thresholds, including an initial update on July 1, 2024, to reflect earnings growth. The Department is not finalizing in this rule its proposal to apply the standard salary level to the U.S. territories subject to the Federal minimum wage and to update the special salary levels for American Samoa and the motion picture industry.
Agency Information Collection Activities; Comment Request; Information Collections: Work Study Program of the Child Labor Regulations
Document Number: 2024-05647
Type: Notice
Date: 2024-03-18
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 ``Work Study Programs of the Child Labor Regulations.'' 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 may be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this notice.
Agency Information Collection Activities: Comment Request; Information Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration
Document Number: 2024-03076
Type: Notice
Date: 2024-02-14
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department), is soliciting comments concerning an extension of the information collection request (ICR) titled ``Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden 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. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act
Document Number: 2024-02177
Type: Notice
Date: 2024-02-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department) is soliciting comments concerning a proposed revision 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 revise and extend the existing information collection with minor clarifying changes to the collection instruments. 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.
Notice of Approved Agency Information Collection; Information Collection: Employment Information Form
Document Number: 2024-01117
Type: Notice
Date: 2024-01-22
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 ``Employment Information Form,'' has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been revised and extended effective immediately through January 31, 2027.
Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024
Document Number: 2024-00253
Type: Rule
Date: 2024-01-11
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 the Secretary, 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 2024 annual adjustments for inflation to its civil monetary penalties.
Employee or Independent Contractor Classification Under the Fair Labor Standards Act
Document Number: 2024-00067
Type: Rule
Date: 2024-01-10
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The U.S. Department of Labor (the Department) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA or Act) with an analysis that is more consistent with judicial precedent and the Act's text and purpose.
Notice of Approved Agency Information Collection; Information Collection: Nondisplacement of Qualified Workers Under Service Contracts
Document Number: 2024-00278
Type: Notice
Date: 2024-01-10
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 ``Nondisplacement of Qualified Workers Under Service Contracts'' has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been approved and is effective immediately through January 31, 2027.
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