Wage and Hour Division – Federal Register Recent Federal Regulation Documents

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Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2011-11897
Type: Notice
Date: 2011-05-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3056(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Regulations 29 CFR part 547, Requirements of a ``Bona Fide Thrift or Savings Plan'' and Regulations 29 CFR part 549, Requirements of a ``Bona Fide Profit-Sharing Plan or Trust''. 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.
Updating Regulations Issued Under the Fair Labor Standards Act
Document Number: 2011-6749
Type: Rule
Date: 2011-04-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
In this final rule, the Department of Labor (Department or DOL) revises regulations issued pursuant to the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947 (Portal Act) that have become out of date because of subsequent legislation. These revisions conform the regulations to FLSA amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 2007, and Portal Act amendments passed in 1996.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2011-6511
Type: Notice
Date: 2011-03-21
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3056(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Housing Occupancy CertificateMigrant and Seasonal Agricultural Worker Protection Act. 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.
Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2011-6152
Type: Proposed Rule
Date: 2011-03-18
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department or DOL) proposes to amend its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or proposed rule) proposes to revise and solicits comments on the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. The Department also proposes to create new regulations to provide for increased worker protections for both U.S. and foreign workers and enhanced enforcement under the H-2B program.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2011-1595
Type: Notice
Date: 2011-01-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3056(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Notice to Examinee, Employee Polygraph Protection Act. 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.
Reasonable Break Time for Nursing Mothers
Document Number: 2010-31959
Type: Notice
Date: 2010-12-21
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This notice is a request for information from the public regarding the recent amendment to the Fair Labor Standards Act (FLSA) that requires employers to provide reasonable break time and a place for nursing mothers to express breast milk for one year after their child's birth. The Department of Labor (``the Department'') administers and enforces the FLSA through its Wage and Hour Division. Contained in this notice are the Department's preliminary interpretations of the new break time amendment to the FLSA. The Department seeks information and comments for its review on various issues addressed in this notice, as it considers how best to help employers and employees understand the requirements of the break time for nursing mothers law. The break time requirement that is now part of the FLSA is set forth in Section 4207 of the Patient Protection and Affordable Care Act, Public Law 111-148 (``Affordable Care Act''). The provision requires employers to provide ``reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk.'' Employers are also required to provide ``a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.'' See 29 U.S.C. 207(r). The break time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. To assist employers with complying with the new law, the Department has issued Wage and Hour Fact Sheet 73: ``Break Time for Nursing Mothers under the FLSA'' at http://www.dol.gov/whd/regs/compliance/whdfs73.pdf. The Department has also posted Frequently Asked Questions (FAQs) on its Web site that reiterate the information provided in the Fact Sheet in a different format. Until the Department issues final guidance, the Department's enforcement will be based on the statutory language and the guidance provided in WHD Fact Sheet 73 and the associated FAQs. Employers, employees, and other stakeholders have requested additional guidance from the Department about the law's requirements and the Department wants to provide an opportunity for the public to submit information and comments for its consideration. The Department will consider the information and comments received in response to this Request for Information in formulating further guidance for the regulated community on complying with the new break time requirement. Until any such further guidance is issued, the RFI provides useful information for employers to consider in establishing policies for nursing employees. At this time, the Department does not plan to issue regulations implementing this provision. Because of the wide variety of workplace environments, work schedules, and individual factors that will impact the number and length of breaks required by a nursing mother, as well as the manner in which an employer complies with break time requirement, the Department believes that regulations may not be the most useful or effective means for providing initial guidance to employers and employees. If, however, based on its experience administering and enforcing the break time requirement and the comments received in response to this Request for Information, the Department determines that regulations are necessary, it will initiate rulemaking at that time. This Request for Information contains the Department's preliminary interpretations of the law's requirements. The Department's identification of key issues related to the law and the development of this Request for Information have been informed by the Department's meetings and discussions with various stakeholders, including employer organizations and representatives, public health and women's organizations, state agencies that have experience administering state laws concerning workplace lactation, and individuals and businesses that have contacted the Department with questions about the new law. The Department looks forward to continuing to receive input and invites the public to comment on the break time requirement generally and on the Department's preliminary interpretations in this Request for Information. All comments will be made publicly available.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2010-23369
Type: Notice
Date: 2010-09-20
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act. A copy of the proposed information collection request can be obtained by contacting the office listed below in the address section of this Notice.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2010-15401
Type: Notice
Date: 2010-06-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Report of Construction Contractor's Wage Rates. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2010-13282
Type: Notice
Date: 2010-06-02
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Special Employment Under the Fair Labor Standards Act (Forms WH-2, WH-46, WH-75, WH-200, WH-201, WH-202, WH- 205, and WH-209). 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.
Child Labor Regulations, Orders and Statements of Interpretation
Document Number: 2010-11434
Type: Rule
Date: 2010-05-20
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This Final Rule revises the child labor regulations to incorporate statutory amendments to the Fair Labor Standards Act and to update and clarify the regulations that establish protections for youth employed in nonagricultural occupations. These revisions also implement specific recommendations made by the National Institute for Occupational Safety and Health in its 2002 report to the Department of Labor. The Department of Labor is revising the regulations to incorporate the 2008 amendment to section 16(e) of the Fair Labor Standards Act that substantially increased the maximum permissible civil money penalty an employer may be assessed for child labor violations that cause the death or serious injury of a young worker.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2010-5084
Type: Notice
Date: 2010-03-10
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Federal Service Contracts 29 CFR, Part 4. 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.
Announcement of Public Briefings on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United States
Document Number: 2010-3282
Type: Rule
Date: 2010-02-19
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
On February 12, 2010, the Department of Labor (the Department or DOL) amended the H-2A regulations at 20 CFR part 655 governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment. See, Temporary Agricultural Employment of H-2A Aliens in the United States, Final Rule, 75 FR 6884, Feb. 12, 2010 (the Final Rule). The Department's Final Rule also amended the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements when employers fail to meet their obligations under the H-2A program. The Department has also made changes to the Application for Temporary Employment Certification, ETA Form 9142.
Temporary Agricultural Employment of H-2A Aliens in the United States
Document Number: 2010-2731
Type: Rule
Date: 2010-02-12
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department or DOL) is amending its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The Department is also amending the regulations at 29 CFR part 501 to provide for enhanced enforcement under the H-2A program requirements so that workers are appropriately protected when employers fail to meet their obligations under the H-2A program.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2010-1194
Type: Notice
Date: 2010-01-22
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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. 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Motor Vehicle Safety for Transportation of Migrant and Seasonal Agricultural Workers. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-30433
Type: Notice
Date: 2009-12-23
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Fair Labor Standards Act General Recordkeeping and Employer Information Collections Related to Overtime and Youth Employment. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-28783
Type: Notice
Date: 2009-12-02
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-28781
Type: Notice
Date: 2009-12-02
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, 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). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Employment Information (Forms WH-3 and WH-3 SP). 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.
Temporary Agricultural Employment of H-2A Aliens in the United States; Extension of Comment Period
Document Number: E9-23806
Type: Proposed Rule
Date: 2009-10-02
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Employment and Training Administration and the Employment Standards Administration issued a proposed rule on September 4, 2009, to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural (H-2A) employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The proposed rule provided a comment period for the regulatory text through October 5, 2009. The agencies have received several requests to extend the comment period and have decided to extend the comment period for an additional 15 days, to October 20, 2009. The comment period for the Paperwork Reduction Act portion remains the same as published, i.e. November 5, 2009.
Temporary Agricultural Employment of H-2A Aliens in the United States
Document Number: E9-21017
Type: Proposed Rule
Date: 2009-09-04
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department or DOL) is proposing to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or Proposed Rule) reexamines the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A status. The Department also proposes to amend the regulations at 29 CFR part 501 to provide for sufficient enforcement under the H-2A program so that workers are appropriately protected when employers fail to meet the requirements of the H-2A program.
Temporary Employment of H-2A Aliens in the United States
Document Number: E9-12436
Type: Rule
Date: 2009-05-29
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) is suspending the H-2A Final Rule published on December 18, 2008 and in effect as of January 17, 2009. That Final Rule amended the regulations governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. To ensure continued functioning of the H-2A program, the Department is republishing and reinstating the regulations in place on January 16, 2009 for a period of 9 months, after which the Department will either have engaged in further rulemaking or lift the suspension.
Withdrawal of Interpretation of the Fair Labor Standards Act Concerning Relocation Expenses Incurred by H-2A and H-2B Workers
Document Number: E9-6623
Type: Notice
Date: 2009-03-26
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) withdraws for further consideration an interpretation of the Fair Labor Standards Act (FLSA) published on December 18 and 19, 2008. The interpretation, which was published at 73 FR 77148-52 (H-2A program) and 73 FR 78039-41 (H-2B program), articulated an opinion that the FLSA and its implementing regulations do not require employers to reimburse workers under the H- 2A and H-2B nonimmigrant visa programs, respectively, for relocation expenses even when such costs result in the workers being paid less than the minimum wage. This interpretation is hereby withdrawn for further consideration by the Department and may not be relied upon as a statement of agency policy.
Temporary Employment of H-2A Aliens in the United States
Document Number: E9-5562
Type: Proposed Rule
Date: 2009-03-17
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) proposes to suspend for 9 months the H-2A regulations published on December 18, 2008, which became effective on January 17, 2009, that amended the rules governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. A suspension would provide the Department with an opportunity to review and reconsider the new requirements in light of issues that have arisen since the publication of the H-2A Final Rule, while minimizing the disruption to the Department, State Workforce Agencies (SWAs), employers, and workers. To avoid the regulatory vacuum that would result from a suspension, the Department proposes to reinstate on an interim basis the rules that were in place on January 16, 2009, the day before the revised rules became effective, by reprinting those previous regulations.
Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, Effectiveness of Information Collection Requirements
Document Number: E9-675
Type: Rule
Date: 2009-01-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Office of Management and Budget (OMB) has approved under the Paperwork Reduction Act (PRA) information collection requirements contained in recently revised final regulations published by the Department of Labor in the Federal Register on December 19, 2008. The PRA requires this notice to set forth the effectiveness of information collection requirements contained in a final rule.
The Family and Medical Leave Act of 1993, Effectiveness of Information Collection Requirements
Document Number: E9-674
Type: Rule
Date: 2009-01-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
On December 14, 2008, the Office of Management and Budget (OMB) approved under the Paperwork Reduction Act (PRA) the Department of Labor's information collection request for requirements regarding Family and Medical Leave Act regulations, as published in the Federal Register on November 17, 2008. The PRA requires this notice to set forth the effectiveness of information collection requirements contained in a final rule.
Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
Document Number: E8-29886
Type: Rule
Date: 2008-12-19
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this final rule, the Department of Labor (Department or DOL) revises regulations issued pursuant to the Davis-Bacon and Related Acts and the Copeland Anti-Kickback Act to better protect the personal privacy of laborers and mechanics employed on covered construction contracts.
Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement
Document Number: E8-29309
Type: Rule
Date: 2008-12-18
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or Department) is amending its regulations regarding the certification for the temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This final rule re-engineers the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A (agricultural temporary worker) status. The final rule utilizes an attestation-based application process based on pre-filing recruitment and eliminates duplicative H-2A activities currently performed by State Workforce Agencies (SWAs) and the Department. The rule also provides enhanced enforcement, including more rigorous penalties, to complement the modernized certification process and to appropriately protect workers.
The Family and Medical Leave Act of 1993
Document Number: E8-26577
Type: Rule
Date: 2008-11-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document provides the text of final regulations implementing the Family and Medical Leave Act of 1993 (``FMLA''), the law that provides eligible employees who work for covered employers the right to take job-protected, unpaid leave for absences due to the birth of the employee's son or daughter and to care for the newborn child; because of the placement of a son or daughter with the employee for adoption or foster care; in order to care for a son, daughter, spouse, or parent with a serious health condition; or because of the employee's own serious health condition that makes the employee unable to perform the functions of his or her job. The final regulations also address new military family leave entitlements included in amendments to the FMLA enacted as part of the National Defense Authorization Act for FY 2008, which provide additional job-protected leave rights to eligible employees of covered employers who provide care for covered servicemembers with a serious injury or illness and because of qualifying exigencies arising out of the fact that a covered military member is on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.
Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction
Document Number: E8-24762
Type: Proposed Rule
Date: 2008-10-20
Agency: Department of Labor, Wage and Hour Division, Employment Standards Administration
In this proposed rule, the Department of Labor (Department or DOL) proposes to revise regulations issued pursuant to the Davis-Bacon and Related Acts and the Copeland Anti-Kickback Act to better protect the personal privacy of laborers and mechanics employed on covered construction contracts.
Updating Regulations Issued Under the Fair Labor Standards Act
Document Number: E8-19475
Type: Proposed Rule
Date: 2008-08-22
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for filing written comments for an additional 15 days on proposed revisions to regulations issued under the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to- Portal Act of 1947 (Portal Act) that have become out of date because of subsequent legislation or court decisions. The Department of Labor is taking this action in order to provide interested parties additional time to submit comments.
Updating Regulations Issued Under the Fair Labor Standards Act
Document Number: E8-16631
Type: Proposed Rule
Date: 2008-07-28
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this proposed rule, the Department of Labor (Department or DOL) proposes to revise regulations issued pursuant to the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947 (Portal Act) that have become out of date because of subsequent legislation or court decisions. These proposed revisions will conform the regulations to FLSA amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 2007, and Portal Act amendments passed in 1996.
Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement; Extension of Comment Period
Document Number: E8-6121
Type: Proposed Rule
Date: 2008-03-27
Agency: Employment and Training Administration, Department of Labor, Employment Standards Administration, Wage and Hour Division
The Employment and Training Administration and the Employment Standards Administration recently issued a proposed rule to modernize the application process for and enforcement of temporary alien agricultural (H-2A) labor certifications. 73 FR 8538 (Feb. 13, 2008). The proposed rule provided a comment period through March 31, 2008. The agencies have received several requests to extend the comment period and have decided to extend the comment period through April 14, 2008.
Temporary Agricultural Employment of H-2A Aliens in the United States; Modernizing the Labor Certification Process and Enforcement
Document Number: E8-2525
Type: Proposed Rule
Date: 2008-02-13
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department or DOL) is proposing to amend its regulations regarding 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 such nonimmigrant workers. This notice of proposed rulemaking (NPRM or proposed rule) would re-engineer the process by which employers may obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A (agricultural temporary worker) status. Re-engineering measures focus on the utilization of an attestation-based application process after an employer conducts pre-filing recruitment and the elimination of duplicative activities currently performed by the State Workforce Agencies (SWAs). In concert with these changes, the Department proposes to amend the wage and hour regulations to provide for enhanced enforcement, including more rigorous penalties, under the H-2A program to complement the modernized certification process so that workers are appropriately protected should an employer fail to meet the requirements of the H-2A program.
The Family and Medical Leave Act of 1993
Document Number: E8-2062
Type: Proposed Rule
Date: 2008-02-11
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
The Department of Labor's Employment Standards Administration/ Wage and Hour Division proposes to revise certain regulations implementing the Family and Medical Leave Act of 1993 (``FMLA''), the law that provides eligible workers with important rights to job protection for absences due to the birth or adoption of a child or for a serious health condition of the worker or a qualifying family member. The proposed changes are based on the Department's experience of nearly fifteen years administering the law, two previous Department of Labor studies of the FMLA in 1996 and 2001, several U.S. Supreme Court and lower court rulings, and the public comments received in response to a Request for Information (``RFI'') published in the Federal Register in December 2006 requesting information about experiences with the FMLA and comments on the effectiveness of these regulations. The Department is also seeking public comment on issues to be addressed in final regulations regarding military family leave. Section 585(a) of the National Defense Authorization Act for FY 2008 amends the FMLA to provide leave to eligible employees of covered employers to care for injured servicemembers and because of any qualifying exigency arising out of the fact that a covered family member is on active duty or has been notified of an impending call to active duty status in support of a contingency operation (collectively referred to herein as military family leave). The provisions of this amendment providing FMLA leave to care for a covered servicemember became effective on January 28, 2008, when the law was enacted. The provisions of this amendment providing for FMLA leave due to a qualifying exigency arising out of a covered family member's active duty (or call to active duty) status are not effective until the Secretary of Labor issues regulations defining ``qualifying exigencies.'' Because of the need to issue regulations under the military family leave provisions of the amendment as soon as possible, the Department is including in this Notice a description of the relevant military family leave statutory provisions, a discussion of issues the Department has identified, and a series of questions seeking comment on subjects and issues that may be considered in the final regulations.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: E7-17891
Type: Notice
Date: 2007-09-12
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
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 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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. Currently, the Employment Standards Administration is soliciting comments concerning its proposal to extend OMB approval of the information collection: Worker InformationTerms and Conditions of Employment (WH-516 English and WH-516 Espanol). A copy of the information collection request can be obtained by contacting the office listed below in the addresses section of this Notice.
Family and Medical Leave Act Regulations: A Report on the Department of Labor's Request for Information
Document Number: 07-3102
Type: Proposed Rule
Date: 2007-06-28
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
The Department of Labor's Employment Standards Administration/ Wage and Hour Division undertook a review of the Family and Medical Leave Act (``FMLA'' or the ``Act'') and its regulations, and published a Request for Information (``RFI'') in the Federal Register on December 1, 2006 (71 FR 69504). The RFI asked the public to assist the Department by furnishing information about their experiences with the Act and comments on the effectiveness of the FMLA regulations. More than 15,000 comments were submitted in response to the RFI. The following report summarizes comments the Department received from its RFI.
Special Industry Committee for All Industries in American Samoa; Cancellation
Document Number: E7-11520
Type: Notice
Date: 2007-06-13
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Special Industry Committee for All Industries in American Samoa; Appointment; Convention; Hearing
Document Number: E7-9425
Type: Notice
Date: 2007-05-15
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Child Labor Regulations, Orders and Statements of Interpretation
Document Number: E7-7053
Type: Proposed Rule
Date: 2007-04-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department or DOL) is proposing to revise the child labor regulations in order to implement an amendment to the Fair Labor Standards Act's child labor provisions, contained in the Department of Labor Appropriations Act, 2004 (Pub. L. 108-199), which authorizes under specified conditions the employment of certain youth between the ages of 14 and 18 years inside and outside of places of business that use machinery to process wood products. The Department is proposing to revise Child Labor Regulation No. 3, subpart C of 29 CFR part 570, which governs the employment of 14- and 15-year-olds in nonagricultural occupations by revising the lists of occupations and industries in which such youth may and may not be employed. The Department is also proposing to clarify, but not change, the standards addressing the permitted periods and conditions under which such youth may be employed and to create a limited exemption from those standards for certain academically motivated youth enrolled in work-study programs. The Department is also proposing to revise several of the nonagricultural Hazardous Occupations Orders (HOs) to implement specific recommendations made by the National Institute for Occupational Safety and Health in its 2002 report entitled National Institute for Occupational Safety and Health (NIOSH) Recommendations to the U.S. Department of Labor for Changes to Hazardous Orders. The HOs affected by this proposal concern occupations involved with logging and sawmilling; meat processing; and the operation of power-driven hoisting equipment, bakery equipment, compacting and baling equipment, and certain cutting, shearing, and guillotining equipment. In addition, the Department is proposing to provide clarity by incorporating into the regulations three long-standing enforcement positions regarding the cleaning of power-driven meat processing equipment, the operation of certain power-driven pizza-dough rollers, and the definition of high-lift trucks. The Department is also proposing to expand the HO that prohibits youth from operating power- driven circular saws, band saws, and guillotine shears to include prohibitions concerning the operation of power-driven chain saws, wood chippers, and reciprocating saws. Finally, the Department proposes to revise subpart G of the child labor regulations, which is entitled General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended. The proposal would incorporate into this subpart all the regulatory changes made since this subpart was last revised in 1971.
Child Labor Regulations, Orders and Statements of Interpretation
Document Number: E7-7052
Type: Proposed Rule
Date: 2007-04-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department or DOL) is considering proposing revisions to the child labor regulations issued pursuant to the Fair Labor Standards Act (FLSA), 29 CFR part 570, which set forth the criteria for the permissible employment of minors under 18 years of age. In particular, subpart E of these regulations is under review. Subpart E identifies occupations deemed particularly hazardous for or detrimental to the health or well-being of employees under 18 years of age. This advance notice of proposed rulemaking seeks the views of the public on the need for changes to these regulations.
Request for Information on the Family and Medical Leave Act of 1993; Extension of Comment Period
Document Number: 07-353
Type: Proposed Rule
Date: 2007-01-26
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
This notice extends the period for comments to be submitted on the request for information (``RFI'') published on December 1, 2006 (71 FR 69504) related to the Family and Medical Leave Act of 1993 (the ``FMLA'' or the ``Act''). That request for information invites the public to provide information to the Department of Labor (``Department'') to assist in its consideration and review of the Department's administration of the Act and the implementing regulations. The Department has received inquiries regarding the possibility of extending the comment period, particularly since the RFI was published in December and part of the comment period fell over the holidays. The comment period, which was to expire on February 2, 2007, is hereby extended 14 days to February 16, 2007 at 5 p.m. (EST).
Request for Information on the Family and Medical Leave Act of 1993
Document Number: 06-9489
Type: Proposed Rule
Date: 2006-12-01
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
This notice requests comments related to the Family and Medical Leave Act of 1993 (the ``FMLA'' or the ``Act''). The Employment Standards Administration, Wage and Hour Division, of the Department of Labor (the ``Department'') seeks information for its consideration and review of the Department's administration of the Act and implementing regulations. The Department held stakeholder meetings regarding the FMLA with more than 20 groups from December 2002-February 2003. Many of the subject matter areas in this request are derived from comments at those stakeholder meetings and also from (1) rulings of the Supreme Court of the United States and other federal courts over the past twelve years; (2) the Department's experience in administering the law; and (3) public input presented in numerous Congressional hearings and public comments filed with the Office of Management and Budget (``OMB'') in connection with three annual reports to Congress regarding the Costs and Benefits of Federal regulations in 2001, 2002, 2004. In addition, the Department has reviewed numerous source materials about issues associated with the FMLA. During this process, the Department has heard a variety of concerns expressed about the FMLA. Some of those concerns, however, are beyond the Department's statutory authority to address. Some are not. In this regard, the Department invites interested parties having knowledge of, or experience with, the FMLA to submit comments and welcomes any pertinent information that will provide a basis for ascertaining the effectiveness of the current implementing regulations and the Department's administration of the Act. The questions posed are not meant to be an exclusive list of issues for which the Department seeks commentary and information.
Department of Labor Regulatory Review and Update
Document Number: 06-3041
Type: Rule
Date: 2006-04-03
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Mine Safety and Health Administration, Office of the Secretary
The Department of Labor (DOL) is amending existing regulations to update obsolete non-substantive or nomenclature references in the Code of Federal Regulations (CFR). This action is intended to improve the accuracy of the agency's regulations and does not impose any new regulatory or technical requirements. DOL is also publishing concurrently a separate rule amending existing Occupational Safety and Health Administration regulations to update obsolete non-substantive references.
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-19800
Type: Notice
Date: 2005-10-07
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
Industries in American Samoa; Wage Order
Document Number: 05-19738
Type: Rule
Date: 2005-10-03
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is amending regulations to implement changes in the minimum wage rates applicable to various industry classifications in American Samoa under the Fair Labor Standards Act (FLSA). The FLSA provides for a special industry committee appointed by the Secretary of Labor to determine minimum wage rates in American Samoa. Industry Committee for All Industries in American Samoa No. 26 (the Committee) met in public and executive session in Pago Pago, American Samoa during the week of June 20, 2005.
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-19248
Type: Notice
Date: 2005-09-30
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-18700
Type: Notice
Date: 2005-09-23
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
Service Contract Act Wage Determination OnLine Request Process
Document Number: 05-16779
Type: Rule
Date: 2005-08-26
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
The Department of Labor (DOL) is amending two regulations to allow for full implementation of the Wage Determinations OnLine (WDOL) Internet Web site (http://www.wdol.gov) as the source for federal contracting agencies to use when obtaining wage determinations issued by the DOL for service contracts subject to the McNamara-O'Hara Service Contract Act (SCA) and for construction contracts subject to the Davis- Bacon Act and Related Acts (DBRA).
Minimum Wages for Federal and Federally Assisted Construction; General Wage Determination Decisions
Document Number: 05-15725
Type: Notice
Date: 2005-08-12
Agency: Employment Standards Administration, Department of Labor, Wage and Hour Division
Special Industry Committee for All Industries in American Samoa; Appointment; Convention; Hearing
Document Number: 05-10099
Type: Notice
Date: 2005-05-20
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document re-opens and extends the period for filing a pre-hearing statement in order to participate as a party in Industry Committee No. 26 for American Samoa.
Special Industry Committee for All Industries in American Samoa; Appointment; Convention; Hearing
Document Number: 05-8846
Type: Notice
Date: 2005-05-04
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor