Wage and Hour Division 2009 – Federal Register Recent Federal Regulation Documents

Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-30433
Type: Notice
Date: 2009-12-23
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Fair Labor Standards Act General Recordkeeping and Employer Information Collections Related to Overtime and Youth Employment. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-28783
Type: Notice
Date: 2009-12-02
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Proposed Extension of the Approval of Information Collection Requirements
Document Number: E9-28781
Type: Notice
Date: 2009-12-02
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3506(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend the Office of Management and Budget (OMB) approval of the Information Collection: Employment Information (Forms WH-3 and WH-3 SP). A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Temporary Agricultural Employment of H-2A Aliens in the United States; Extension of Comment Period
Document Number: E9-23806
Type: Proposed Rule
Date: 2009-10-02
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Employment and Training Administration and the Employment Standards Administration issued a proposed rule on September 4, 2009, to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural (H-2A) employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. The proposed rule provided a comment period for the regulatory text through October 5, 2009. The agencies have received several requests to extend the comment period and have decided to extend the comment period for an additional 15 days, to October 20, 2009. The comment period for the Paperwork Reduction Act portion remains the same as published, i.e. November 5, 2009.
Temporary Agricultural Employment of H-2A Aliens in the United States
Document Number: E9-21017
Type: Proposed Rule
Date: 2009-09-04
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (the Department or DOL) is proposing to amend its regulations governing the certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment and the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers. This Notice of Proposed Rulemaking (NPRM or Proposed Rule) reexamines the process by which employers obtain a temporary labor certification from the Department for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2A status. The Department also proposes to amend the regulations at 29 CFR part 501 to provide for sufficient enforcement under the H-2A program so that workers are appropriately protected when employers fail to meet the requirements of the H-2A program.
Temporary Employment of H-2A Aliens in the United States
Document Number: E9-12436
Type: Rule
Date: 2009-05-29
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) is suspending the H-2A Final Rule published on December 18, 2008 and in effect as of January 17, 2009. That Final Rule amended the regulations governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. To ensure continued functioning of the H-2A program, the Department is republishing and reinstating the regulations in place on January 16, 2009 for a period of 9 months, after which the Department will either have engaged in further rulemaking or lift the suspension.
Withdrawal of Interpretation of the Fair Labor Standards Act Concerning Relocation Expenses Incurred by H-2A and H-2B Workers
Document Number: E9-6623
Type: Notice
Date: 2009-03-26
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) withdraws for further consideration an interpretation of the Fair Labor Standards Act (FLSA) published on December 18 and 19, 2008. The interpretation, which was published at 73 FR 77148-52 (H-2A program) and 73 FR 78039-41 (H-2B program), articulated an opinion that the FLSA and its implementing regulations do not require employers to reimburse workers under the H- 2A and H-2B nonimmigrant visa programs, respectively, for relocation expenses even when such costs result in the workers being paid less than the minimum wage. This interpretation is hereby withdrawn for further consideration by the Department and may not be relied upon as a statement of agency policy.
Temporary Employment of H-2A Aliens in the United States
Document Number: E9-5562
Type: Proposed Rule
Date: 2009-03-17
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration
The Department of Labor (DOL or the Department) proposes to suspend for 9 months the H-2A regulations published on December 18, 2008, which became effective on January 17, 2009, that amended the rules governing the certification for temporary employment of nonimmigrant workers in agricultural occupations on a temporary or seasonal basis, and the enforcement of contractual obligations applicable to employers of such nonimmigrant workers. A suspension would provide the Department with an opportunity to review and reconsider the new requirements in light of issues that have arisen since the publication of the H-2A Final Rule, while minimizing the disruption to the Department, State Workforce Agencies (SWAs), employers, and workers. To avoid the regulatory vacuum that would result from a suspension, the Department proposes to reinstate on an interim basis the rules that were in place on January 16, 2009, the day before the revised rules became effective, by reprinting those previous regulations.
Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, Effectiveness of Information Collection Requirements
Document Number: E9-675
Type: Rule
Date: 2009-01-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
The Office of Management and Budget (OMB) has approved under the Paperwork Reduction Act (PRA) information collection requirements contained in recently revised final regulations published by the Department of Labor in the Federal Register on December 19, 2008. The PRA requires this notice to set forth the effectiveness of information collection requirements contained in a final rule.
The Family and Medical Leave Act of 1993, Effectiveness of Information Collection Requirements
Document Number: E9-674
Type: Rule
Date: 2009-01-16
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor
On December 14, 2008, the Office of Management and Budget (OMB) approved under the Paperwork Reduction Act (PRA) the Department of Labor's information collection request for requirements regarding Family and Medical Leave Act regulations, as published in the Federal Register on November 17, 2008. The PRA requires this notice to set forth the effectiveness of information collection requirements contained in a final rule.