Employment Standards Administration – Federal Register Recent Federal Regulation Documents

High-Wage Components of the Labor Value Content Requirements Under the United States-Mexico-Canada Agreement Implementation Act
Document Number: 2020-14014
Type: Rule
Date: 2020-07-01
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In accordance with section 210(b) of the United States-Mexico- Canada Agreement Implementation Act, the U.S. Department of Labor is issuing regulations necessary to administer the high-wage components of the labor value content requirements as set forth in section 202A of that Act.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees; Correction
Document Number: 2020-11979
Type: Rule
Date: 2020-06-08
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
On September 27, 2019, the Department of Labor published in the Federal Register a final rule 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. This final rule was effective on January 1, 2020. Through publication of this document, the Department corrects certain regulatory text.
Fluctuating Workweek Method of Computing Overtime
Document Number: 2020-10872
Type: Rule
Date: 2020-06-08
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (the Department) is revising its regulation for computing overtime compensation of salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the Fair Labor Standards Act (FLSA or the Act). The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method of compensation, and that such payments must be included in the calculation of the regular rate as appropriate under the Act. The Department also adds examples and makes minor revisions to make the rule easier to understand.
Rules Concerning Discretionary Review by the Secretary
Document Number: 2020-10909
Type: Rule
Date: 2020-05-20
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Occupational Safety and Health Administration, Office of the Secretary, Office of Federal Contract Compliance Programs
The Department of Labor is issuing this final rule to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals and to make technical changes to Departmental regulations governing the timing and finality of decisions of the Administrative Review Board and the Board of Alien Labor Certification Appeals to ensure consistency with the new discretionary review processes established in this rule and in Secretary's Order 01-2020.
Partial Lists of Establishments that Lack or May Have a “Retail Concept” Under the Fair Labor Standards Act
Document Number: 2020-10250
Type: Rule
Date: 2020-05-19
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Section 7(i) of the Fair Labor Standards Act (FLSA or Act) provides an exemption from the Act's overtime compensation requirement for certain commissioned employees employed by a retail or service establishment. In this final rule, the Department of Labor (Department) withdraws the ``partial list of establishments'' that it previously viewed as having ``no retail concept'' and categorically unable to qualify as retail or service establishments eligible to claim the section 7(i) exemption; and the ``partial list of establishments'' that, in its view, ``may be recognized as retail'' for purposes of the exemption. Removing these lists promotes consistent treatment when evaluating section 7(i) exemption claims by treating all establishments equally under the same standards and permits the reevaluation of an industry's retail nature as developments progress over time. This withdrawal will also reduce confusion, as the list of establishments that ``may be recognized as retail'' did not necessarily affect the analysis as to whether any particular establishment was, in fact, retail.
Agency Information Collection Activities; Comment Request; Information Collections: Paid Leave Under the Families First Coronavirus Response Act
Document Number: 2020-07821
Type: Notice
Date: 2020-04-14
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled, ``Paid Leave under the Families First Coronavirus Response 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). 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.
Paid Leave Under the Families First Coronavirus Response Act; Correction
Document Number: 2020-07711
Type: Rule
Date: 2020-04-10
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor published in the Federal Register on April 6, 2020, a temporary rule to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic. The leave is created by a time-limited statutory authority established under the Families First Coronavirus Response Act (FFCRA), and is set to expire on December 31, 2020. The FFCRA and the temporary rule do not affect the FMLA after December 31, 2020. Through publication of this document, the Department corrects certain preamble and regulatory text.
Paid Leave Under the Families First Coronavirus Response Act
Document Number: 2020-07237
Type: Rule
Date: 2020-04-06
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Secretary of Labor (``Secretary'') is promulgating temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic. The leave is created by a time-limited statutory authority established under the Families First Coronavirus Response Act, Public Law 116-127 (FFCRA), and is set to expire on December 31, 2020. The FFCRA and this temporary rule do not affect the FMLA after December 31, 2020.
Discretionary Review by the Secretary
Document Number: 2020-04018
Type: Proposed Rule
Date: 2020-03-06
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Office of Labor-Management Standards, Office of Federal Contract Compliance Programs, Office of the Secretary of Labor
The Department of Labor is issuing this Notice of Proposed Rulemaking to seek public comments on a proposal to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals and to make technical changes to Departmental regulations governing the timing and finality of decisions of the Administrative Review Board and the Board of Alien Labor Certification Appeals to ensure consistency with the new discretionary review processes proposed in this rule and established in Secretary's Order 01-2020.
Discretionary Review by the Secretary
Document Number: 2020-04017
Type: Rule
Date: 2020-03-06
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Office of Labor-Management Standards, Office of Federal Contract Compliance Programs, Office of the Secretary of Labor
The Department of Labor is issuing this direct final rule (DFR) to establish a system of discretionary secretarial review over cases pending before or decided by the Board of Alien Labor Certification Appeals and to make technical changes to Departmental regulations governing the timing and finality of decisions of the Administrative Review Board and the Board of Alien Labor Certification Appeals to ensure consistency with the new discretionary review processes proposed in this rule and established in Secretary's Order 01-2020.
Agency Information Collection Activities; Announcement of OMB Approvals
Document Number: 2020-03606
Type: Notice
Date: 2020-02-24
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, Wage and Hour Division announces that the Office of Management and Budget (OMB) has approved certain collections of information listed in the SUPPLEMENTARY INFORMATION below, following the Wage and Hour Division's submission of requests for approvals under the Paperwork Reduction Act of 1995 (PRA). This notice describes the information collections that have been approved or re-approved, the corresponding OMB Control Numbers, and their current expiration dates.
Agency Information Collection Activities; Comment Request; Information Collection-Housing Occupancy Certificates Under the Migrant and Seasonal Agricultural Worker Protection Act
Document Number: 2020-01238
Type: Notice
Date: 2020-01-27
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). 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.
Agency Information Collection Activities; Comment Request; Information Collections: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
Document Number: 2020-00562
Type: Notice
Date: 2020-01-16
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 (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. 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 request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Joint Employer Status Under the Fair Labor Standards Act
Document Number: 2019-28343
Type: Rule
Date: 2020-01-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The U.S. Department of Labor (the Department) is updating and revising the Department's interpretation of joint employer status under the Fair Labor Standards Act (FLSA or Act) in order to promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy.
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2020
Document Number: 2020-00486
Type: Rule
Date: 2020-01-15
Agency: Employee Benefits Security Administration, Department of Labor, Employment and Training Administration, 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 2020 annual adjustments for inflation to its civil monetary penalties.
Regular Rate Under the Fair Labor Standards Act
Document Number: 2019-26447
Type: Rule
Date: 2019-12-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Fair Labor Standards Act (FLSA or Act) generally requires that covered, nonexempt employees receive overtime pay of at least one and one-half times their regular rate of pay for time worked in excess of 40 hours per workweek. The regular rate includes all remuneration for employment, subject to the exclusions outlined in section 7(e) of the FLSA. In this final rule, the Department of Labor (Department) updates a number of regulations on the calculation of overtime compensation both to provide clarity and to better reflect the 21st- century workplace. These changes will promote compliance with the FLSA, provide appropriate and updated guidance in an area of evolving law and practice, and encourage employers to provide additional and innovative benefits to workers without fear of costly litigation.
Tip Regulations Under the Fair Labor Standards Act (FLSA)
Document Number: 2019-26788
Type: Proposed Rule
Date: 2019-12-11
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for submitting written comments on the Notice of Proposed Rulemaking (NPRM) entitled ``Tip Regulations Under the Fair Labor Standards Act (FLSA).'' The comment period now ends on December 11, 2019. The Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments in response to an outage causing most web browsers to refuse access to Regulations.gov for a period of time.
Notice of Approved Agency Information Collection; Information Collection: Employment Information Form
Document Number: 2019-26011
Type: Notice
Date: 2019-12-02
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 November 30, 2022.
Notice of Approved Agency Information Collection; Information Collection: Records to be Kept by Employers-Fair Labor Standards Act
Document Number: 2019-26010
Type: Notice
Date: 2019-12-02
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 November 30, 2022.
Agency Information Collection Activities; Comment Request; Information Collections: Report of Construction Contractor's Wage Rates
Document Number: 2019-25457
Type: Notice
Date: 2019-11-25
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). 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 proposed extension of the Office of Management and Budget (OMB) approved information collection request (ICR) titled, ``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.
Agency Information Collection Activities; Comment Request; Information Collections: Application of the Employee Polygraph Protection Act
Document Number: 2019-25089
Type: Notice
Date: 2019-11-20
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed extension to the information collection request (ICR) titled, ``Application of the Employee Polygraph Protection 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). 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.
Modernizing Recruitment Requirements for the Temporary Employment of H-2B Foreign Workers in the United States
Document Number: 2019-24832
Type: Rule
Date: 2019-11-15
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Labor (DOL) (collectively, the Departments), are jointly issuing this final rule to amend the regulations governing DOL's certification of nonagricultural labor or services to be performed by temporary foreign workers in H-2B nonimmigrant status (H-2B workers). Pursuant to Section 214(c)(1) of the Immigration and Nationality Act (INA), this certification serves as DHS's consultation with DOL regarding whether a qualified United States (U.S.) worker is available to fill the petitioning H-2B employer's job opportunity, and whether a foreign worker's employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. This final rule modernizes and improves the labor market test that DOL uses to assess whether qualified U.S. workers are available by: Rescinding the requirement that an employer advertise its job opportunity in a print newspaper of general circulation in the area of intended employment, and expanding and enhancing DOL's electronic job registry to disseminate available job opportunities to the widest audience possible.
Authorizing Electronic Payments of Civil Money Penalties
Document Number: 2019-23849
Type: Rule
Date: 2019-11-07
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this final rule, the Department of Labor (Department) revises its regulations issued pursuant to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), the H-2A provisions of the Immigration and Nationality Act (H-2A), the Fair Labor Standards Act (FLSA), and the Employee Polygraph Protection Act (EPPA) governing the payment of civil money penalties (CMPs) assessed by the Wage and Hour Division (WHD). The regulatory revisions expand the CMP payment methods beyond the options specified in the current text by allowing for the payment of CMPs through an electronic payment alternative, and otherwise amend the regulations to ensure uniform payment instructions. The existing MSPA, H-2A, FLSA, and EPPA regulations require persons assessed a CMP under those statutory schemes to remit payment in person or by mail using a certified check or money order. In recognition of modern payment methods, the Department is amending these regulations to allow for payment of the CMPs via an electronic payment alternative, any successor system, or by any additional payment method that the Department may deem acceptable in the future. This action revises the regulatory text in the appropriate regulations administered by WHD. This action is intended to simplify payment methods for persons assessed a CMP, and does not impose any new regulatory requirements.
Fluctuating Workweek Method of Computing Overtime
Document Number: 2019-23860
Type: Proposed Rule
Date: 2019-11-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This proposed rulemaking would revise the Department of Labor's (Department) regulation for computing overtime compensation for salaried nonexempt employees who work hours that vary each week (fluctuating workweek) under the Fair Labor Standards Act (FLSA or the Act). The proposal will clarify that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method of compensation, and that such payments must be included in the calculation of the regular rate as appropriate under the Act. The proposal would also add examples and make minor revisions to make the rule easier to understand.
Agency Information Collection Activities: Comment Request; Information Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration
Document Number: 2019-23782
Type: Notice
Date: 2019-10-31
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL), 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. 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 the revision and extension to Office of Management and Budget (OMB) approval of the Information Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration. 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.
Tip Regulations Under the Fair Labor Standards Act (FLSA)
Document Number: 2019-20868
Type: Proposed Rule
Date: 2019-10-08
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In the Consolidated Appropriations Act, 2018 (CAA), Congress amended section 3(m) of the Fair Labor Standards Act (FLSA) to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m). In this Notice of Proposed Rulemaking (NPRM), the Department proposes to amend its tip regulations to address this Congressional action. The Department also proposes to codify policy regarding the tip credit's application to employees who performed tipped and non-tipped duties. This NPRM also withdraws the Department's December 5, 2017 NPRM proposing changes to the Department's tip regulations, as the CAA has superseded it.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
Document Number: 2019-20353
Type: Rule
Date: 2019-09-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor 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.
Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2020
Document Number: 2019-19673
Type: Notice
Date: 2019-09-19
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, 2020. Beginning on that date, the Executive Order minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $10.80 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 $7.55 per hour.
Agency Information Collection Activities; Comment Request; Information Collections: The Family and Medical Leave Act of 1993, As Amended
Document Number: 2019-16636
Type: Notice
Date: 2019-08-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed revision of the information collection request (ICR) titled, ``The Family and Medical Leave Act of 1993, As Amended.'' 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. You may also review the proposed forms changes at: https://www.dol.gov/whd/fmla/forms2019.htm.
Temporary Agricultural Employment of H-2A Nonimmigrants in the United States
Document Number: 2019-15307
Type: Proposed Rule
Date: 2019-07-26
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (Department or DOL) proposes 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) streamlines the process by which the Department reviews employers' applications for temporary agricultural labor certifications to use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A status. Amendments to the current regulations focus on modernizing the H-2A program and eliminating inefficiencies. The Department also proposes to amend the regulations for enforcement of contractual obligations for temporary foreign agricultural workers and the Wagner- Peyser Act regulations to provide consistency with revisions to H-2A program regulations governing the temporary agricultural labor certification process.
Agency Information Collection Activities; Comment Request; Proposed Extension of the Approval of Information Collection Requirements: Establishing Paid Sick Leave for Federal Contractors
Document Number: 2019-10620
Type: Notice
Date: 2019-05-22
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL), 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. 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: Establishing Paid Sick Leave for Federal Contractors. 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: “Labor Standards for Federal Service Contacts Regulation 29 CFR Part 4”
Document Number: 2019-10389
Type: Notice
Date: 2019-05-20
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled, ``Labor Standards for Federal Service Contacts Regulation 29 CFR part 4.'' 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.
Regular Rate Under the Fair Labor Standards Act
Document Number: 2019-09842
Type: Proposed Rule
Date: 2019-05-14
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for submitting written comments on the Notice of Proposed Rulemaking (NPRM) entitled ``Regular Rate Under the Fair Labor Standards Act.'' The comment period now ends on June 12, 2019. The Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments in response to requests for extension.
Joint Employer Status Under the Fair Labor Standards Act
Document Number: 2019-09841
Type: Proposed Rule
Date: 2019-05-14
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for submitting written comments on the Notice of Proposed Rulemaking (NPRM) entitled ``Joint Employer Status Under the Fair Labor Standards Act.'' The comment period now ends on June 25, 2019. The Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments in response to requests for extension.
Agency Information Collection Activities; Comment Request; Proposed Extension of the Approval of Information Collection Requirements; Records To Be Kept by Employers-Fair Labor Standards Act
Document Number: 2019-08073
Type: Notice
Date: 2019-04-23
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). 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: Records to be kept by EmployersFair Labor Standards 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.
Joint Employer Status Under the Fair Labor Standards Act
Document Number: 2019-06500
Type: Proposed Rule
Date: 2019-04-09
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This proposed rulemaking is intended to update and clarify the Department of Labor's (Department) interpretation of joint employer status under the Fair Labor Standards Act (FLSA or Act), which has not been significantly revised in over 60 years. The proposed changes are designed to promote certainty for employers and employees, reduce litigation, promote greater uniformity among court decisions, and encourage innovation in the economy.
Regular Rate Under the Fair Labor Standards Act
Document Number: 2019-05687
Type: Proposed Rule
Date: 2019-03-29
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Fair Labor Standards Act (FLSA or Act) generally requires that covered, nonexempt employees receive overtime pay of at least one and one-half times their regular rate of pay for time worked in excess of 40 hours per workweek. The regular rate includes all remuneration for employment, subject to the exclusions outlined in section 7(e) of the FLSA. Part 778 of Title 29, Code of Federal Regulations (CFR), contains the Department of Labor's (Department) official interpretation of the overtime compensation requirements in section 7 of the FLSA, including requirements for calculating the regular rate. Part 548 of Title 29 implements section 7(g)(3) of the FLSA, which permits employers, under specific circumstances, to use a basic rate to compute overtime compensation rather than a regular rate. The Department has not updated many of these regulations, however, in more than half a centuryeven though compensation practices have evolved significantly. In this Notice of Proposed Rulemaking (NPRM), the Department proposes updates to a number of regulations both to provide clarity and better reflect the 21st-century workplace. These proposed changes would promote compliance with the FLSA; provide appropriate and updated guidance in an area of evolving law and practice; and encourage employers to provide additional and innovative benefits to workers without fear of costly litigation.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
Document Number: 2019-04514
Type: Proposed Rule
Date: 2019-03-22
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Using a longstanding and commonsense methodology and based on broad-based input, the Department of Labor (Department) proposes to update and revise the regulations issued under the Fair Labor Standards Act (FLSA or Act) implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees.
Agency Information Collection Activities; Comment Request; Proposed Extension; Information Collections: Employment Information Form
Document Number: 2019-04426
Type: Notice
Date: 2019-03-12
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed extension 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.
Agency Information Collection Activities; Comment Request; Information Collections Requests To Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Works Hours and Safety Standards Act
Document Number: 2019-03480
Type: Notice
Date: 2019-02-28
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed extension to the information collection request (ICR) titled, ``Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Works Hours and Safety 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). 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.
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2019
Document Number: 2019-00089
Type: Rule
Date: 2019-01-23
Agency: Employee Benefits Security Administration, Department of Labor, Employment and Training Administration, 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 2019 annual adjustments for inflation to its civil monetary penalties.
Expanding Employment, Training, and Apprenticeship Opportunities for 16- and 17-Year-Olds in Health Care Occupations Under the Fair Labor Standards Act, Comment Extension Period
Document Number: 2018-24945
Type: Proposed Rule
Date: 2018-11-15
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for submitting written comments on the Notice of Proposed Rulemaking (NPRM) entitled ``Expanding Employment, Training, and Apprenticeship Opportunities for 16- and 17-Year-Olds in Health Care Occupations Under the Fair Labor Standards Act.'' The comment period now ends on December 11, 2018. The Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments in response to a request for extension, as some supporting documents for the proposal may not have been originally fully visible in the docket.
White Collar Exemption Regulations; Public Listening Session
Document Number: 2018-21521
Type: Proposed Rule
Date: 2018-10-03
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor will conduct a public listening session to gather views on the Part 541 white collar exemption regulations. The Fair Labor Standards Act (FLSA) generally requires covered employers to pay their employees at least the federal minimum wage (currently $7.25 an hour) for all hours worked, and overtime premium pay of not less than one and one-half times the employee's regular rate of pay for any hours worked over 40 in a workweek. The FLSA exempts from both minimum wage and overtime protection ``any employee employed in a bona fide executive, administrative, or professional capacity'' and delegates to the Secretary of Labor the power to define and delimit these terms through regulation.
Expanding Employment, Training, and Apprenticeship Opportunities for 16- and 17-Year-Olds in Health Care Occupations Under the Fair Labor Standards Act
Document Number: 2018-20996
Type: Proposed Rule
Date: 2018-09-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department) is proposing this rule to enhance employment, training, and apprenticeship opportunities for 16- and 17-year-olds in health care occupations in the United States while maintaining worker safety. The changes proposed in this rule also respond to the concerns of a bipartisan, bicameral group of congressional lawmakers. The youth- employment provisions of the Fair Labor Standards Act (FLSA) ensure that when youth work, the work is safe and does not jeopardize their health, well-being, or education. Pursuant to those provisions, 16- and 17-year-old employees generally cannot work in a nonagricultural occupation governed by any of the Department's Hazardous Occupations Orders (HOs). HO 7 prohibits youth from working in occupations involving the operation of a power-driven patient lift. Patient lifts, however, substantially differ in form and function from the other equipment that the HO governs, including forklifts, backhoes, cranes, and other heavy industrial equipment. Additionally, patient lifts are safer for workers than the alternative method of manually lifting patients. In response to significant public input and bipartisan, bicameral requests from Members of Congress, the Department proposes to remove the operation of power-driven patient lifts from the list of activities that HO 7 prohibits. This proposal, if finalized, would increase the participation of young workers in health care occupations and enhance their future career skills and their earning potential, without reducing worker safety.
Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2019
Document Number: 2018-19166
Type: Notice
Date: 2018-09-04
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, beginning January 1, 2019. Executive Order 13658, Establishing a Minimum Wage for Contractors (the Executive Order or the Order), was signed on February 12, 2014, and raised the hourly minimum wage for workers performing work on or in connection with covered federal contracts to $10.10 per hour, beginning January 1, 2015, with annual adjustments thereafter as determined by the Secretary of Labor (the Secretary) in accordance with the methodology set forth in the Order. The Secretary's determination of the Executive Order minimum wage rate also affects the minimum hourly cash wage for tipped employees performing work on or in connection with covered contracts. The Secretary is required to provide notice to the public of the new minimum wage rate at least 90 days before the rate takes effect. The applicable minimum wage under the Executive Order is currently $10.35 per hour, in effect since January 1, 2018. Pursuant to the Executive Order and its implementing regulations in the Code of Federal Regulations, notice is hereby given that beginning January 1, 2019, the Executive Order minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $10.60 per hour. Notice is also hereby given that, beginning January 1, 2019, 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 $7.40 per hour.
Agency Information Collection Activities; Comment Request; Information Collections: Work Study Program of the Child Labor Regulations
Document Number: 2018-19022
Type: Notice
Date: 2018-08-31
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) is soliciting comments concerning a proposed extension to the information collection request (ICR) titled, ``Work-Study Program 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), 44 U.S.C. 3501 et seq. 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.
White Collar Exemption Regulations; Public Listening Sessions
Document Number: 2018-18649
Type: Proposed Rule
Date: 2018-08-28
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor will conduct public listening sessions to gather views on white collar exemption regulations. The Fair Labor Standards Act (FLSA) generally requires covered employers to pay their employees at least the federal minimum wage (currently $7.25 an hour) for all hours worked, and overtime premium pay of not less than one and one-half times the employee's regular rate of pay for any hours worked over 40 in a workweek. The FLSA exempts from both minimum wage and overtime protection ``any employee employed in a bona fide executive, administrative, or professional capacity'' and delegates to the Secretary of Labor the power to define and delimit these terms through regulation.
The Family and Medical Leave Act of 1993
Document Number: 2018-13908
Type: Rule
Date: 2018-06-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Agency Information Collection Activities; Comment Request; Proposed Revision; Information Collections: Employment Information Form; Correction; Extension of comment period
Document Number: 2018-10220
Type: Notice
Date: 2018-05-14
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) published a document in the Federal Register of May 2, 2018, concerning agency collection activities and request for comments on a proposed revision to Information Collections: Employment Information Form. This collection is under OMB control number 1235-0021. The document contained an incorrect first sentence in Current Actions. This document corrects the first sentence in the Current Actions section and extends the comment period for the notice.
Agency Information Collection Activities; Comment Request; Proposed Revision; Information Collections: Employment Information Form
Document Number: 2018-09301
Type: Notice
Date: 2018-05-02
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (DOL) 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.