Employment Standards Administration – Federal Register Recent Federal Regulation Documents

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Notice of Proposed Information Collection; Request for Comments for 1029-0094
Document Number: 2015-22551
Type: Notice
Date: 2015-09-08
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to seek the Office of Management and Budget (OMB) approval to continue the collection of information for our General provisions. This information collection activity was previously approved by OMB and assigned clearance number 1029-0094.
Notice of Proposed Information Collection; Request for Comments for 1029-0035
Document Number: 2015-21450
Type: Notice
Date: 2015-08-31
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for surface and underground mining permit applicationsminimum requirements for information on environmental resources, has been forwarded to the Office of Management and Budget (OMB) for review and comment. The information collection request describes the nature of the information collection and the expected burden and cost. This information collection activity was previously approved by OMB and assigned control number 1029-0035.
Notice of Proposed Information Collection; Request for Comments for 1029-0043
Document Number: 2015-21443
Type: Notice
Date: 2015-08-31
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing that the information collection request for bonding and insurance requirements for surface coal mining and reclamation operations under regulatory programs has been submitted to the Office of Management and Budget (OMB) for review and approval. The information collection request describes the nature of the information collection and the expected burden and cost.
Stream Protection Rule
Document Number: 2015-21412
Type: Proposed Rule
Date: 2015-08-28
Agency: Farm Service Agency, Employment Standards Administration
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing the schedule for public hearings on the proposed Stream Protection Rule and the accompanying Draft Environmental Impact Statement (DEIS).
Notice of Proposed Information Collection; Request for Comments for 1029-0119
Document Number: 2015-20216
Type: Notice
Date: 2015-08-17
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to seek approval to continue the collection of information for the contractor eligibility, and the Abandoned Mine Land (AML) Contractor Information form. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0119.
Notice of Proposed Information Collection; Request for Comments
Document Number: 2015-19195
Type: Notice
Date: 2015-08-05
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request approval to continue the collection of information for our petition process for designation of Federal lands as unsuitable for all or certain types of surface coal mining operations and for termination of previous designations. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029- 0098.
Notice of Proposed Information Collection; Request for Comments for 1029-0110
Document Number: 2015-19194
Type: Notice
Date: 2015-08-05
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request approval to continue the collection of information for two technical training program course effectiveness evaluation forms. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029-0110.
Notice of Proposed Information Collection; Request for Comments for 1029-0027
Document Number: 2015-19191
Type: Notice
Date: 2015-08-05
Agency: Farm Service Agency, Employment Standards Administration
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request approval to continue the collections of information regarding general requirements for surface coal mining and reclamation operations on Federal lands. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned clearance number 1029- 0027.
Stream Protection Rule
Document Number: 2015-17308
Type: Proposed Rule
Date: 2015-07-27
Agency: Farm Service Agency, Employment Standards Administration
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE or OSM), are proposing to revise our regulations, based on, among other things, advances in science, to improve the balance between environmental protection and the Nation's need for coal as a source of energy. This proposed rule would better protect streams, fish, wildlife, and related environmental values from the adverse impacts of surface coal mining operations and provide mine operators with a regulatory framework to avoid water pollution and the long-term costs associated with water treatment. We propose to revise our regulations to clearly define ``material damage to the hydrologic balance outside the permit area'' and require that each permit specify the point at which adverse mining-related impacts on groundwater and surface water would reach that level of damage; collect adequate premining data about the site of the proposed mining operation and adjacent areas to establish an adequate baseline for evaluation of the impacts of mining and the effectiveness of reclamation; adjust monitoring requirements to enable timely detection and correction of any adverse trends in the quality or quantity of surface water and groundwater or the biological condition of streams; ensure protection or restoration of perennial and intermittent streams and related resources; ensure that permittees and regulatory authorities make use of advances in science and technology; ensure that land disturbed by mining operations is restored to a condition capable of supporting the uses that it was capable of supporting before mining; and update and codify the requirements and procedures for protection of threatened or endangered species and designated critical habitat. The proposed changes would apply to both surface mines and the surface effects of underground mines. The majority of the proposed revisions update our regulations to incorporate or reflect the best available science and experience gained over the last 30 years. Approximately thirty percent of the proposed rule consists of editorial revisions and organizational changes intended to improve consistency, clarity, accuracy, and ease of use.
Stream Protection Rule; Draft Regulatory Impact Analysis
Document Number: 2015-17292
Type: Notice
Date: 2015-07-27
Agency: Farm Service Agency, Employment Standards Administration
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing that the draft regulatory impact analysis (RIA) of the potential economic and social impacts of the proposed stream protection rule and alternatives to that rule is available for public review and comment.
Final Four Corners Power Plant and Navajo Mine Energy Project; Record of Decision.
Document Number: 2015-17881
Type: Notice
Date: 2015-07-21
Agency: Farm Service Agency, Employment Standards Administration
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE) are announcing that the Record of Decision (ROD) for the Four Corners Power Plant (FCPP) and Navajo Mine Energy Project is available for public review. The Deputy Secretary for the Department of the Interior, Director of OSMRE, Director of the Bureau of Indian Affairs (BIA) and the Director of the Bureau of Land Management (BLM) signed the ROD on [July 15, 2015], which constitutes the final decision of the Department.
Stream Protection Rule; Draft Environmental Impact Statement
Document Number: 2015-17307
Type: Notice
Date: 2015-07-17
Agency: Farm Service Agency, Employment Standards Administration
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing that the Draft Environmental Impact Statement (DEIS) for the proposed stream protection rule is available for public review and comment.
Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees
Document Number: 2015-15464
Type: Proposed Rule
Date: 2015-07-06
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage and overtime pay at a rate of not less than one and one- half times the employee's regular rate for hours worked over 40 in a workweek. While these protections extend to most workers, the FLSA does provide a number of exemptions. The Department of Labor (Department) proposes to update and revise the regulations issued under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees. This exemption is referred to as the FLSA's ``EAP'' or ``white collar'' exemption. To be considered exempt, employees must meet certain minimum tests related to their primary job duties and be paid on a salary basis at not less than a specified minimum amount. The standard salary level required for exemption is currently $455 a week ($23,660 for a full-year worker) and was last updated in 2004. By way of this rulemaking, the Department seeks to update the salary level to ensure that the FLSA's intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the EAP exemption easier for employers and workers to understand. The Department also proposes automatically updating the salary level to prevent the level from becoming outdated with the often lengthy passage of time between rulemakings. Lastly, the Department is considering whether revisions to the duties tests are necessary in order to ensure that these tests fully reflect the purpose of the exemption.
Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2015-09694
Type: Rule
Date: 2015-04-29
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) are jointly issuing 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 interim final rule establishes the process by which employers obtain a temporary labor certification from DOL for use in petitioning DHS to employ a nonimmigrant worker in H-2B status. We are also issuing regulations to provide for increased worker protections for both United States (U.S.) and foreign workers. DHS and DOL are issuing simultaneously with this rule a companion rule governing the methodology to set the prevailing wage in the H-2B program.
Proposed Revision and Extension of the Approval of Information Collection Requirements
Document Number: 2015-06758
Type: Notice
Date: 2015-03-25
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. 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 Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration; Motor Vehicle Safety for Transportation of Migrant and Seasonal Agricultural Workers. Further, the Department is soliciting comments concerning its proposal to make revisions to the forms WH-514, WH-514a, WH-515, and WH-530. 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.
Definition of Spouse Under the Family and Medical Leave Act
Document Number: 2015-03569
Type: Rule
Date: 2015-02-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor's (Department) Wage and Hour Division (WHD) revises the regulation defining ``spouse'' under the Family and Medical Leave Act of 1993 (FMLA or the Act) in light of the United States Supreme Court's decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional.
Application of the Fair Labor Standards Act to Domestic Service; Announcement of Time-Limited Non-Enforcement Policy
Document Number: 2014-24144
Type: Rule
Date: 2014-10-09
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor's (Department) October 1, 2013, Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to most home care workers will become effective on January 1, 2015. The Department is not changing this effective date. This document announces a time-limited non-enforcement policy. For six months, from January 1, 2015 to June 30, 2015, the Department will not bring enforcement actions against any employer as to violations of FLSA obligations resulting from the amended regulations. For the following six months, from July 1, 2015 to December 31, 2015, the Department will exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since promulgation of the Final Rule. Throughout the 12-month duration of this policy, the Department will continue extensive outreach and technical assistance efforts, in particular with States regarding publicly funded home care programs.
Extension of the Approval of Information Collection Requirements
Document Number: 2014-21699
Type: Notice
Date: 2014-09-11
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), 44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in a desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can properly be 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: 29 CFR Part 825, The Family and Medical Leave Act of 1993. 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.
The Family and Medical Leave Act
Document Number: 2014-14762
Type: Proposed Rule
Date: 2014-06-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor's Wage and Hour Division proposes to revise the regulation defining ``spouse'' under the Family and Medical Leave Act of 1993 (FMLA or the Act) in light of the United States Supreme Court's decision in United States v. Windsor, which found section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. This Notice of Proposed Rulemaking (NPRM) proposes to amend the definition of spouse to include all legally married spouses.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2014-13380
Type: Notice
Date: 2014-06-09
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 a 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: Davis-Bacon Certified Payroll. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2014-13378
Type: Notice
Date: 2014-06-09
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 Profit-Thrift of 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2014-13374
Type: Notice
Date: 2014-06-09
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: Nondisplacement of Qualified Workers Under Service Contracts. 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.
Presidential Memorandum of March 13, 2014; Updating and Modernizing Overtime Regulations
Document Number: 2014-07379
Type: Notice
Date: 2014-04-03
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2014-07167
Type: Notice
Date: 2014-04-01
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.
Proposed Extension of the Approval of Information Collection Requirements-Housing Occupancy Certificates Under the Migrant and Seasonal Agricultural Worker Protection Act
Document Number: 2014-06107
Type: Proposed Rule
Date: 2014-03-20
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. 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.
Proposed Extension of the Approval of Information Collection Requirements-Housing Occupancy Certificates Under the Migrant and Seasonal Agricultural Worker Protection Act
Document Number: 2014-04975
Type: Notice
Date: 2014-03-10
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. 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.
Proposed Extension of the Information Collection Disclosure to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
Document Number: 2014-01547
Type: Notice
Date: 2014-01-28
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: 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.
Proposed Revision and Extension of the Approval of Information Collection Requirements
Document Number: 2013-28882
Type: Notice
Date: 2013-12-03
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 revise and 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 Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act
Document Number: 2013-28881
Type: Notice
Date: 2013-12-03
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: Information Collections Pertaining to Special Employment Under the Fair 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.
Extension of the Approval of Information Collection Requirements
Document Number: 2013-25598
Type: Notice
Date: 2013-10-30
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq., and its attendant regulations, 5 CFR part 1320, require that the Department consider the impact of paperwork and other information collection burdens imposed on the public. Under the PRA, an agency many not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number. See 5 CFR 1320.8(b)(3)(vi). The OMB has assigned control number 1235-0018 to the Fair Labor Standards Act (FLSA) information collections. In accordance with the PRA, the Department solicited comments on the FLSA information collections as they were proposed to be changed by a Notice of Proposed Rulemaking published December 27, 2011 (76 FR 81199-200). 44 U.S.C. 3506(c)(2). The Department also submitted a contemporaneous request for OMB review of the proposed revisions to the FLSA information collections, in accordance with 44 U.S.C. 3507(d). On February 29, 2012, the OMB issued a notice that continued the previous approval of the FLSA information collections under the existing terms of clearance. (See OMB ICR Reference no. 201205-1235-002 https://www.reginfo.gov/ public/do/PRAViewICR?refnbr=201205-1235-002). The OMB asked the Department to resubmit the information collection request upon promulgation of a Final Rule, after considering public comments on the December 27, 2011 Notice of Proposed Rulemaking. The Department published Application of the Fair Labor Standards Act to Domestic Service; Final Rule, in the Federal Register on October 1, 2013 (78 FR 60454). At the time of publication, the Department stated its intent to publish a notice announcing OMB's decision regarding the information collection (78 FR 60497). Notice is hereby given that the OMB has approved the extension of the existing information collections under control number 1235-0018. The OMB has also pre-approved changes in the information collections that result from the Application of the Fair Labor Standards Act to Domestic Service; Final Rule; these changes become effective January 1, 2015.
Application of the Fair Labor Standards Act to Domestic Service
Document Number: 2013-22799
Type: Rule
Date: 2013-10-01
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In 1974, Congress extended the protections of the Fair Labor Standards Act (FLSA or the Act) to ``domestic service'' employees, but it exempted from the Act's minimum wage and overtime provisions domestic service employees who provide ``companionship services'' to elderly people or people with illnesses, injuries, or disabilities who require assistance in caring for themselves, and it exempted from the Act's overtime provision domestic service employees who reside in the household in which they provide services. This Final Rule revises the Department's 1975 regulations implementing these amendments to the Act to better reflect Congressional intent given the changes to the home care industry and workforce since that time. Most significantly, the Department is revising the definition of ``companionship services'' to clarify and narrow the duties that fall within the term; in addition third party employers, such as home care agencies, will not be able to claim either of the exemptions. The major effect of this Final Rule is that more domestic service workers will be protected by the FLSA's minimum wage, overtime, and recordkeeping provisions.
Proposed Extension of the Labor Standards for Federal Service Contracts Information Collection
Document Number: 2013-10800
Type: Notice
Date: 2013-05-07
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: Labor Standards for Federal Service ContractsRegulations 29 CFR, Part 4. 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.
Proposed Extension of the Employment Information Form Information Collection
Document Number: 2013-09040
Type: Notice
Date: 2013-04-17
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: Employment Information Form. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2013-05909
Type: Notice
Date: 2013-03-14
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: 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.
Proposed Information Collection Request (ICR) for the Worker Classification Survey; Comment Request
Document Number: 2013-00389
Type: Notice
Date: 2013-01-11
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 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that required 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. The Department is soliciting comments concerning its proposal to collect information about employment experiences and workers' knowledge of basic employment laws and rules so as to better understand employees' experience with worker misclassification. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2012-30115
Type: Notice
Date: 2012-12-13
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: Work-Study Program of the Child Labor Regulations (WSP) Regulations 29 CFR Section 570.35b. 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.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: 2012-27076
Type: Notice
Date: 2012-11-08
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: 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 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: 2012-16051
Type: Rule
Date: 2012-06-29
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Child Labor Regulations, Orders and Statements of Interpretation
Document Number: 2012-15868
Type: Rule
Date: 2012-06-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties
Document Number: 2012-12954
Type: Proposed Rule
Date: 2012-05-29
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department or DOL) is withdrawing its proposed rule published on September 2, 2011, 76 FR 54836, which provided the public with notice of and the opportunity to submit written comments on its proposal to amend its child labor regulations which protect children from employment in particularly hazardous occupations.
The Family and Medical Leave Act
Document Number: 2012-9084
Type: Proposed Rule
Date: 2012-04-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for filing written comments until April 30, 2012 on the proposed revisions to certain regulations of the Family and Medical Leave Act of 1993 (FMLA). On February 15, 2012, the Department published a Notice of Proposed Rulemaking to revise certain regulations the FMLA, primarily to implement recent statutory amendments to the Act. The comment period is scheduled to close on April 16, 2012. The Department of Labor (Department) is taking this action in order to provide interested parties additional time to submit comments.
Application of the Fair Labor Standards Act to Domestic Service
Document Number: 2012-6136
Type: Rule
Date: 2012-03-13
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for filing written comments until March 21, 2012 on the proposed revisions to the Application of the Fair Labor Standards Act to Domestic Service. On February 24, 2012, the Department published a document extending the comment period for the proposed revisions published on December 27, 2011 by an additional 14 days. This document further extends the comment period to March 21, 2012. The Department of Labor (Department) is taking this action in order to provide interested parties additional time to submit comments.
Announcement of Public Briefings on the Changes to the Labor Certification Process for the Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2012-5159
Type: Notice
Date: 2012-03-02
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
On February 21, 2012, the Department of Labor (the Department or DOL) published a Final Rule to amend the H-2B regulations at 20 CFR part 655 governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. See Temporary Non-Agricultural Employment of H-2B Aliens in the United States, Final Rule, 76 FR 10038, Feb. 21, 2012 (the H-2B Final Rule). The Department's H-2B Final Rule also created new regulations at 29 CFR part 503 to provide for enhanced enforcement under the H-2B program requirements should employers fail to meet their obligations under the H-2B program. The Department has also made changes to the Application for Temporary Employment Certification, ETA Form 9142 (OMB Control No. 1205-0466). The H-2B Final Rule is scheduled to become effective on April 23, 2012. The Department has scheduled three webinars and one public briefing to educate stakeholders, program users, and other interested members of the public on changes to the H-2B program made by the H-2B Final Rule and on applying for H-2B temporary labor certifications under the new regulations using the modified ETA Form 9142. As currently planned, the sessions will take place in March and early April, 2012. The in-person briefing will be held at DOL in Washington, DC This notice provides the public with dates, location, and registration information regarding the webinars and public briefing. These informational sessions are subject to change and/or cancellation without further notice in the Federal Register. However, the Department will post any changes related to the webinars on the Office of Foreign Labor Certification Web site at: https:// www.foreignlaborcert.doleta.gov/ and will notify registered participants of any changes to the in-person briefing. Please note that the capacity of each webinar is limited to 200 concurrent participants. Ability to log in to a webinar session is established on a first-come, first-served basis; please note that all the webinars will cover essentially the same information. Participants will be able to log in approximately 30 minutes prior to the official start of the webinar listed below. We encourage organizations or other groups of participants to access the webinars at a single, centralized location to maximize attendance.
Application of the Fair Labor Standards Act to Domestic Service
Document Number: 2012-4147
Type: Proposed Rule
Date: 2012-02-24
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for filing written comments for an additional 14 days on the proposed revisions to the Application of the Fair Labor Standards Act to Domestic Service published on December 27, 2011. The Department of Labor (Department) is taking this action in order to provide interested parties additional time to submit comments.
Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2012-3058
Type: Rule
Date: 2012-02-21
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department) is amending 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 Final Rule revises 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. We have also created new regulations to provide for increased worker protections for both United States (U.S.) and foreign workers.
The Family and Medical Leave Act
Document Number: 2012-2311
Type: Proposed Rule
Date: 2012-02-15
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor's Wage and Hour Division proposes to revise certain regulations of the Family and Medical Leave Act of 1993 (FMLA or the Act), primarily to implement recent statutory amendments to the Act. This Notice of Proposed Rulemaking (NPRM) proposes regulations to implement amendments to the military leave provisions of the FMLA made by the National Defense Authorization Act for Fiscal Year 2010, which extends the availability of FMLA leave to family members of members of the Regular Armed Forces for qualifying exigencies arising out of the servicemember's deployment; defines those deployments covered under these provisions; and extends FMLA military caregiver leave to family members of certain veterans with serious injuries or illnesses. This NPRM also proposes to amend the regulations to implement the Airline Flight Crew Technical Corrections Act, which established new FMLA leave eligibility requirements for airline flight crewmembers and flight attendants. In addition, the proposal includes changes concerning the calculation of leave; reorganization of certain sections to enhance clarity; the removal of the forms from the regulations; and technical corrections of inadvertent drafting errors in the current regulations.
Application of the Fair Labor Standards Act to Domestic Service
Document Number: 2011-32657
Type: Proposed Rule
Date: 2011-12-27
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (the Department or DOL) proposes to revise the current Fair Labor Standards Act (FLSA or the Act) regulations pertaining to the exemption for companionship services and live-in domestic services. Section 13(a)(15) of the FLSA exempts from its minimum wage and overtime provisions domestic service employees employed ``to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary).'' Section 13(b)(21) of the FLSA exempts from the overtime provision any employee employed ``in domestic service in a household and who resides in such household.'' These exemptions were enacted in 1974 at the same time that Congress amended the FLSA to extend coverage to domestic service employees employed by private households. The regulations governing these exemptions have been substantively unchanged since they were promulgated in 1975. Due to significant changes in the home health care industry over the last 35 years, workers who today provide in-home care to individuals are performing duties and working in circumstances that were not envisioned when the companionship services regulations were promulgated. The number of workers providing these services has also greatly increased, and a significant number of these workers are being excluded from the minimum wage and overtime protections of the FLSA under the companionship services exemption. The Department has re- examined the regulations and determined that the regulations, as currently written, have expanded the scope of the exemption beyond those employees whom Congress intended to exempt when it enacted Sec. Sec. 13(a)(15) and 13(b)(21) of the FLSA. Therefore, the Department proposes to amend the regulations to revise the definitions of ``domestic service employment'' and ``companionship services.'' The Department also proposes to clarify the type of activities and duties that may be considered ``incidental'' to the provision of companionship services. In addition, the Department proposes to amend the record- keeping requirements for live-in domestic workers. Finally, the Department proposes to amend the regulation pertaining to employment by a third party of companions and live-in domestic workers. This change would continue to allow the individual, family, or household employing the worker's services to apply the companionship and live-in exemptions and would deny all third party employers the use of such exemptions.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage Determinations
Document Number: 2011-30745
Type: Rule
Date: 2011-11-29
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (Department) recently delayed the effective date of the Wage Methodology for Temporary Non-agricultural Employment H-2B Program Final Rule, 76 FR 3452, Jan. 19, 2011 (the Wage Rule) to January 1, 2012. This notice provides guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance is intended to clarify the wage payment requirements for employers participating in the H-2B Temporary Non-agricultural program.
Child Labor Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties
Document Number: 2011-28075
Type: Proposed Rule
Date: 2011-10-31
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This document extends the period for filing written comments for an additional 30 days on the proposed revisions to the child labor regulations published on September 2, 2011. The Department of Labor (Department or DOL) is taking this action in order to provide interested parties additional time to submit comments.
Republication
Document Number: 2011-26979
Type: Rule
Date: 2011-10-18
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
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