Wage and Hour Division – Federal Register Recent Federal Regulation Documents

Notice of Approved Agency Information Collection; Information Collection: Records To Be Kept by Employers-Fair Labor Standards Act
Document Number: 2021-06331
Type: Notice
Date: 2021-03-29
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 revision to this ICR is effective immediately and approved through November 30, 2022.
Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal
Document Number: 2021-06245
Type: Proposed Rule
Date: 2021-03-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In this notice of proposed rulemaking (NPRM), the Department proposes to withdraw and repropose two portions of the Tip Regulations Under the Fair Labor Standards Act (FLSA) (2020 Tip final rule) and seeks comment on whether to revise one other portion of the 2020 Tip final rule relating to the statutory amendments to the FLSA made by the Consolidated Appropriations Act of 2018 (CAA). The Department also asks questions about how it might improve the recordkeeping requirements in the 2020 Tip final rule in a future rulemaking. This rulemaking is related to a second NPRM, published elsewhere in this issue of the Federal Register, which proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete this rulemaking involving two of those portions and provide the Department additional time to consider whether to withdraw and repropose a third portion of the 2020 Tip final rule concerning the use of the tip credit when employees perform both tipped and non-tipped work.
Tip Regulations Under the Fair Labor Standards Act (FLSA); Delay of Effective Date
Document Number: 2021-06244
Type: Proposed Rule
Date: 2021-03-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
On February 26, 2021, the Department of Labor (Department) published a final rule (Delay Rule) extending until April 30, 2021, the effective date of the rule titled Tip Regulations Under the Fair Labor Standards Act (2020 Tip final rule) in order to allow the Department the opportunity to review issues of law, policy, and fact raised by the 2020 Tip final rule before it takes effect. This notice of proposed rulemaking (NPRM) proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete a separate rulemaking, published elsewhere in this issue of the Federal Register, and to provide the Department additional time to consider whether to withdraw and repropose that portion of the 2020 Tip final rule addressing the application of the FLSA's tip credit provision to tipped employees who perform both tipped and non-tipped duties. The proposed 8-month delay, until December 31, 2021, would allow the Department to finalize the separate rulemaking, which would include, inter alia, a 60-day comment period and at least a 30-day delay between publication and the rule's effective date.
Agency Information Collection Activities; Comment Request; Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act
Document Number: 2021-05473
Type: Notice
Date: 2021-03-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (the Department) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled ``Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). The Department proposes to extend the approval of this existing information collection without change. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service
Document Number: 2021-05405
Type: Proposed Rule
Date: 2021-03-17
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Occupational Safety and Health Administration, Office of Labor-Management Standards, Office of Workers' Compensation Programs, Office of the Secretary of Labor
The Department of Labor is withdrawing the proposed rule that accompanied its direct final rule (DFR) that requires electronic filing (e-filing) and makes acceptance of electronic service (e-service) automatic for attorneys and non-attorney representatives representing parties in proceedings before the Administrative Review Board (Board), unless the Board authorizes non-electronic filing and service for good cause; establishes a new part containing rules of practice and procedure for the Board; and amends existing regulations concerning filing and service that apply where a governing statute or executive order does not establish contrary rules of filing and service.
Independent Contractor Status Under the Fair Labor Standards Act; Withdrawal
Document Number: 2021-05256
Type: Proposed Rule
Date: 2021-03-12
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This notice of proposed rulemaking (NPRM) proposes to withdraw the final rule titled ``Independent Contractor Status under the Fair Labor Standards Act,'' which was published on January 7, 2021 and the effective date of which is currently May 7, 2021.
Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule
Document Number: 2021-04867
Type: Proposed Rule
Date: 2021-03-12
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
This notice of proposed rulemaking (NPRM) proposes to rescind the final rule entitled ``Joint Employer Status Under the Fair Labor Standards Act,'' which published on January 16, 2020 and took effect on March 16, 2020. The proposed rescission would remove the regulations established by that rule.
Independent Contractor Status Under the Fair Labor Standards Act (FLSA): Delay of Effective Date
Document Number: 2021-04608
Type: Rule
Date: 2021-03-04
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
Consistent with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled ``Regulatory Freeze Pending Review,'' this action finalizes the Department of Labor's proposal to delay until May 7, 2021, the effective date of the rule titled Independent Contractor Status Under the Fair Labor Standards Act (``Independent Contractor Rule'' or ``January 2021 Rule''), which was published in the Federal Register on January 7, 2021, to allow the Department to review issues of law, policy, and fact raised by the rule before it takes effect.
Notice of Approved Agency Information Collection; Information Collection: High-Wage Components of the Labor Value Content Requirements Under USMCA
Document Number: 2021-03912
Type: Notice
Date: 2021-02-25
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, ``High-Wage Components of the Labor Value Content Requirements under USMCA,'' has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been extended effective immediately through January 31, 2024.
Tip Regulations Under the Fair Labor Standards Act (FLSA): Delay of Effective Date
Document Number: 2021-02485
Type: Proposed Rule
Date: 2021-02-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021 from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action proposes to delay until April 30, 2021 the effective date of the rule entitled Tip Regulations Under the Fair Labor Standards Act (``Tip Rule''), published in the Federal Register on December 30, 2020. The rule's current effective date is March 1, 2021. WHD seeks comments on this proposed delay, which would allow the Wage and Hour Division additional opportunity for review and consideration of the new rule.
Independent Contractor Status Under the Fair Labor Standards Act: Delay of Effective Date
Document Number: 2021-02484
Type: Proposed Rule
Date: 2021-02-05
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021 from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this action proposes to delay until May 7, 2021, the effective date of the rule entitled Independent Contractor Status Under the Fair Labor Standards Act (``Independent Contractor Rule''), published in the Federal Register on January 7, 2021. The rule's current effective date is March 8, 2021. The Wage and Hour Division seeks comments on this proposed delay, which would allow it additional opportunity for review and consideration of the new rule.
Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021
Document Number: 2021-00018
Type: Rule
Date: 2021-01-14
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Mine Safety and Health Administration, Occupational Safety and Health Administration, Office of 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 2021 annual adjustments for inflation to its civil monetary penalties.
Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service
Document Number: 2020-28056
Type: Proposed Rule
Date: 2021-01-11
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Occupational Safety and Health Administration, Office of Labor-Management Standards, Office of Federal Contract Compliance Programs, Office of Workers' Compensation Programs, Office of the Secretary of Labor
The Department of Labor (Department or DOL) is issuing this Notice of Proposed Rulemaking (NPRM) to seek public comments on a proposal to require electronic filing (e-filing) and make acceptance of electronic service (e-service) automatic for attorneys and non-attorney representatives representing parties in proceedings before the Administrative Review Board (Board), unless the Board authorizes non- electronic filing and service for good cause. Self-represented persons will have the option of e-filing or of filing papers by conventional means. This proposed rule would establish a new part containing rules of practice and procedure for the Board and amend existing regulations concerning filing and service that would apply where a governing statute or executive order does not establish contrary rules of filing and service. It would also make other minor corrections to update existing regulations.
Independent Contractor Status Under the Fair Labor Standards Act
Document Number: 2020-29274
Type: Rule
Date: 2021-01-07
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or the Act) to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy.
Discretionary Review by the Secretary of Labor
Document Number: 2020-28952
Type: Proposed Rule
Date: 2021-01-04
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Department of Homeland Security, Office of the Secretary
The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this notice of proposed rulemaking to seek public comments on a proposal to extend DOL's recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases (H-2B cases) pending before or decided by the Department of Labor's Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor's Administrative Review Board in H-2B cases.
Discretionary Review by the Secretary of Labor
Document Number: 2020-28951
Type: Rule
Date: 2021-01-04
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Department of Homeland Security, Office of the Secretary
The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this direct final rule to extend DOL's recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases (H-2B cases) pending before or decided by the Department of Labor's Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor's Administrative Review Board in H-2B cases.
Tip Regulations Under the Fair Labor Standards Act (FLSA)
Document Number: 2020-28555
Type: Rule
Date: 2020-12-30
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
In the Consolidated Appropriations Act of 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 final rule, the Department of Labor (Department) amends its tip regulations to address these amendments. The final rule also codifies the Department's guidance regarding the tip credit's application to employees who perform tipped and non-tipped duties.
Agency Information Collection Activities: Comment Request; Information Collections: Application for a Farm Labor Contractor or Farm Labor Contractor Employee Certificate of Registration
Document Number: 2020-25249
Type: Notice
Date: 2020-11-17
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 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.
Agency Information Collection Activities: Comment Request; Information Collections: Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust
Document Number: 2020-24037
Type: Notice
Date: 2020-10-30
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department), 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 to Office of Management and Budget approval of the Information Collections: Requirements of a Bona Fide Thrift or Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust. 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.
Independent Contractor Status Under the Fair Labor Standards Act
Document Number: 2020-21018
Type: Proposed Rule
Date: 2020-09-25
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or Act) in order to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy.
Paid Leave Under the Families First Coronavirus Response Act
Document Number: 2020-20351
Type: Rule
Date: 2020-09-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Secretary of Labor (``Secretary'') is promulgating revisions and clarifications to the temporary rule issued on April 1, 2020, implementing 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 the Coronavirus Disease 2019 (COVID-19) global pandemic, in response to an August 3, 2020 district court decision finding certain portions of that rule invalid. Both types of emergency paid leave were created by a time-limited statutory authority established under the Families First Coronavirus Response Act (FFCRA), and are set to expire on December 31, 2020. The FFCRA and its implementing regulations, including this temporary rule, do not affect the FMLA after December 31, 2020.
Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2021
Document Number: 2020-19037
Type: Notice
Date: 2020-08-31
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, 2021. 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 $10.95 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 $7.65 per hour.
Agency Information Collection Activities; Comment Request; Information Collections: Davis-Bacon Certified Payroll
Document Number: 2020-18588
Type: Notice
Date: 2020-08-25
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, ``Davis-Bacon Certified Payroll.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). 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.
Family and Medical Leave Act of 1993
Document Number: 2020-14873
Type: Proposed Rule
Date: 2020-07-17
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor (Department) is seeking information from the public regarding the regulations implementing the Family and Medical Leave Act of 1993 (FMLA or the Act). The Department is publishing this Request for Information (RFI) to gather information concerning the effectiveness of the current regulations and to aid the Department in its administration of the FMLA. The information provided will help the Department identify topics for which additional compliance assistance could be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law and employees are informed about their rights and responsibilities in using FMLA leave.
Agency Information Collection Activities; Comment Request; Information Collections: High-Wage Components of the Labor Value Content Requirements Under the USMCA
Document Number: 2020-14845
Type: Notice
Date: 2020-07-10
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, ``High-Wage Components of the Labor Value Content Requirements under the USMCA.'' 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.
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.