Office of the Secretary of Labor – Federal Register Recent Federal Regulation Documents

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.
Notice of Final Determination Regarding the Proposed Revision of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
Document Number: 2016-23500
Type: Notice
Date: 2016-10-03
Agency: Department of Labor, Office of the Secretary of Labor
This notice announces a final determination that carpets from India will not be added to the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor (EO List) required by Executive Order No. 13126 (``Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor''). The Departments of Labor, State, and Homeland Security (collectively, the Departments) proposed adding carpets from India to the EO List in a Notice of Initial Determination in the Federal Register on December 2, 2014. 79 FR 71448. After a thorough review of the information available and comments received, the Departments have determined that there is not sufficient evidence at this time establishing more than isolated incidents of forced or indentured child labor in the production of carpets in India. With this final determination, the current EO List remains in place. The list identifies products, by country of origin, which the Departments have a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor. Under a final rule by the Federal Acquisition Regulatory Council, published January 18, 2001, which also implements Executive Order No. 13126, federal contractors who supply products on the EO List are required to certify, among other things, that they have made a good faith effort to determine whether forced or indentured child labor was used to produce those products and that, on the basis of those efforts, the contractor is unaware of any such use of child labor. See 66 FR 5346, 5347; 48 CFR 22.1502(c).
Notice of Extension of Request for Public Comment Regarding Revising the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
Document Number: 2016-14407
Type: Notice
Date: 2016-06-17
Agency: Department of Labor, Office of the Secretary of Labor
This notice reopens and extends the period for comments on the Notice of Initial Determination published in the Federal Register on December 2, 2014, proposing to add carpets from India to the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor (the EO List) (77 FR 59418). The EO List is required by Executive Order 13126 (Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor), and is developed in accordance with the ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Under 48 CFR Subpart 22.15 and E.O. 13126.'' The EO List identifies products, by their country of origin, that the Department of Labor, in consultation and cooperation with the Departments of State and Homeland Security (collectively, the Departments), has a reasonable basis to believe might have been mined, produced or manufactured by forced or indentured child labor. In addition to proposing to add a one new item, carpets from India, to the EO List, the initial determination invited comments from the public. Since the initial comment period, additional comments have been submitted to and gathered by the Departments. This notice reopens and extends the comment period on the initial determination, including all of the information that was submitted and gathered during the comment period and after it closed. The comments have raised issues as to whether the evidence is sufficient at this time to satisfy our criteria for adding carpets from India to the EO list; however, a final determination will not be made until the public has had an opportunity to comment on the initial determination and the evidence in the record. The Departments will consider all public comments prior to publishing a final determination revising the EO List.
Notice of Intent To Issue Declaratory Order
Document Number: 2015-00580
Type: Notice
Date: 2015-01-16
Agency: Department of Labor, Office of the Secretary of Labor
On December 17, 2014, the Office of the Secretary of Labor published a Federal Register notice of intent to issue declaratory order and request for comment (``Notice''). This Notice (79 FR 75179) states the Secretary of Labor (``Secretary'') is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H-2B temporary labor certification program. Such a declaratory order would remove uncertainty about that authority created by a decision of the Board of Alien Labor Certification Appeals in Island Holdings LLC, 2013-PWD-00002 (BALCA Dec. 3, 2013) (en banc). This Notice was issued pursuant to the authority granted in the Administrative Procedure Act (APA), 5 U.S.C. 554(e), to issue declaratory orders ``to terminate a controversy or remove uncertainty.'' This document extends the comment period for the Notice for fifteen (15) days. If you have already submitted comments in response to the Notice, you do not need to resubmit your comment. The Department will consider all comments received from the date of publication of the Notice through the close of the extended comment period.
Intent To Issue Declaratory Order
Document Number: 2014-28823
Type: Notice
Date: 2014-12-17
Agency: Department of Labor, Office of the Secretary of Labor
The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H-2B temporary labor certification program. Such a declaratory order would remove uncertainty about that authority created by a decision of the Board of Alien Labor Certification Appeals in Island Holdings LLC, 2013-PWD-00002 (BALCA Dec. 3, 2013) (en banc). The Secretary issues this Notice pursuant to the authority granted in the Administrative Procedure Act (APA), 5 U.S.C. 554(e), to issue declaratory orders ``to terminate a controversy or remove uncertainty.'' The Secretary will accept comments from the public on this Notice for 30 days, and may issue a declaratory order after consideration of all comments received in that timeframe.
Notice of Updates to the Department of Labor's List of Goods Produced by Child Labor or Forced Labor Required by the Trafficking Victims Protection Reauthorization Act of 2005
Document Number: 2013-23223
Type: Notice
Date: 2013-10-01
Agency: Department of Labor, Office of the Secretary of Labor
This notice removes 3 items from the ``List of Goods Produced by Child Labor or Forced Labor'' (List), produced in accordance with the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2005. These updates amend the fourth edition of the List, published on September 26, 2012. With these updates, the List includes 134 goods from 73 countries, and total of 342 line items. The primary purposes of the List are to raise public awareness about the incidence of child labor and forced labor in the production of goods in the countries listed and to promote efforts to eliminate such practices.
Notice of Final Determination Revising the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
Document Number: 2013-17520
Type: Notice
Date: 2013-07-23
Agency: Department of Labor, Office of the Secretary of Labor
This final determination is the fourth revision of the list required by Executive Order 13126 (``Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor''), in accordance with the ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Under 48 CFR Subpart 22.15 and E.O. 13126.'' This notice revises the list by adding six products, identified by their countries of origin, Cattle from South Sudan, Dried Fish from Bangladesh, Fish from Ghana, Garments from Vietnam, and Gold and Wolframite from the Democratic Republic of the Congo, that the Departments of Labor, State and Homeland Security have a reasonable basis to believe might have been mined, produced or manufactured by forced or indentured child labor. Under a final rule of the Federal Acquisition Regulatory Councils, published January 18, 2001, which also implements Executive Order 13126, federal contractors who supply products which appear on this list are required to certify, among other things, that they have made a good faith effort to determine whether forced or indentured child labor was used to mine, produce or manufacture the item.
Administrative Claims Under the Federal Tort Claims Act and Related Statutes
Document Number: 2013-07525
Type: Proposed Rule
Date: 2013-04-02
Agency: Employment and Training Administration, Department of Labor, Office of the Secretary of Labor
With this document, the Department of Labor (DOL) is withdrawing its proposed rule that accompanied its direct final rule revising the regulations governing administrative claims under the Federal Tort Claims Act and related statutes.
Administrative Claims Under the Federal Tort Claims Act and Related Statutes
Document Number: 2012-8735
Type: Proposed Rule
Date: 2012-04-13
Agency: Employment and Training Administration, Department of Labor, Office of the Secretary of Labor
This amendment revises the Department of Labor's (DOL's) regulations governing administrative claims submitted to DOL pursuant to the Federal Tort Claims Act (FTCA), the Military Personnel and Civilian Employees' Claims Act (MPCECA), and for payment of claims arising out of the operation of the Job Corps. The regulations governing such claims were last revised in 1995. MPCECA has since been amended to allow payment of up to $100,000 if the claim arose from an emergency or extraordinary circumstance. Further, the implementing authority for the Job Corps was changed to the Workforce Investment Act (WIA) since the last time the regulations were updated. These regulations are being amended to reflect those changes, improve the clarity and ease of use of the regulations, and to harmonize the regulations governing these claims between those regulations in titles 20 and 29 of the CFR, which includes deleting the references to these claims in 20 CFR part 638 as these revisions have rendered those sections unnecessary. Finally, the regulations in title 20 have also been updated to reflect the recently revised regulations regarding claims of Job Corps students under the Federal Employees' Compensation Act (FECA).
Notice of Final Determination Revising the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
Document Number: 2011-13342
Type: Notice
Date: 2011-05-31
Agency: Department of Labor, Office of the Secretary of Labor
This final determination revises the list required by Executive Order No. 13126 (``Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor''), in accordance with the ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor.'' This notice adds a product, hand-woven textiles from Ethiopia, to the list that the Departments of Labor, State and Homeland Security believe might have been mined, produced, or manufactured by forced or indentured child labor. This notice also removes charcoal from Brazil from the list, as the Departments of Labor, State and Homeland Security have a reasonable basis to believe that the use of forced or indentured child labor has been significantly reduced. Under a final rule of the Federal Acquisition Regulatory Councils, published January 18, 2001, which also implements Executive Order No. 13126, federal contractors who supply products on this list are required to certify, among other things, that they have made a good faith effort to determine whether forced or indentured child labor was used to produce the item.
Notice of Final Determination Updating the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
Document Number: 2010-16886
Type: Notice
Date: 2010-07-20
Agency: Office of the Secretary of Labor, Department of Labor
This final determination updates the list required by Executive Order No. 13126 (``Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor''), in accordance with the ``Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor.'' This notice sets forth an updated list of products, by country of origin, which the Departments of Labor, State and Homeland Security, have a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor. Under a final rule by the Federal Acquisition Regulatory Council, published January 18, 2001, which also implements Executive Order No. 13126, Federal contractors who supply products on this list are required to certify, among other things, that they have made a good faith effort to determine whether forced or indentured child labor was used to produce the item.
Request for Information on Business Practices To Reduce the Likelihood of Forced Labor or Child Labor in the Production of Goods
Document Number: 2010-8642
Type: Notice
Date: 2010-04-15
Agency: Department of Labor, Office of the Secretary of Labor
The Department of Labor (DOL) is seeking information on current practices of firms, business associations, and other private sector groups to reduce the likelihood of child labor and forced labor in the production of goods. This information will aid DOL in fulfilling its mandate under the Trafficking Victims Protection Reauthorization Act of 2005 to work with persons who are involved in the production of goods made with forced labor or child labor to create a standard set of practices that will reduce the likelihood that such persons will produce goods using such labor.