Unified Agenda
20 CFR Chs. I, IV, V, VI, VII, and IX
29 CFR Subtitle A and Chs. II, IV, V, XVII, and XXV
30 CFR Ch. I
41 CFR Ch. 60
48 CFR Ch. 29
AGENCY:
Office of the Secretary, Labor.
ACTION:
Semiannual regulatory agenda.
SUMMARY:
This document sets forth the Department's semiannual agenda of regulations that have been selected for review or development during the coming year. The agenda complies with the requirements of both Executive Order 12866 and the Regulatory Flexibility Act. The agenda lists all regulations that are expected to be under review or development between April 2001 and April 2002 as well as those completed during the past six months.
FOR FURTHER INFORMATION CONTACT:
Barbara Bingham, Acting Director for the Office of Regulatory Economics, Office of the Assistant Secretary for Policy, U.S. Department of Labor, 200 Constitution Avenue NW., Room S-2312, Washington, DC 20210, (202) 693-5959.
Note: Information pertaining to a specific regulation can be obtained from the agency contact listed for that particular regulation.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and the Regulatory Flexibility Act require the semiannual publication in the Federal Register of an agenda of regulations. As permitted by law, the Department of Labor is combining the publication of its agendas under the Regulatory Flexibility Act and Executive Order 12866.
The Regulatory Flexibility Act became effective on January 1, 1981, and applies only to regulations for which a notice of proposed rulemaking was issued on or after that date. It requires the Department of Labor to publish an agenda, listing all the regulations it expects to propose or promulgate that are likely to have a "significant economic impact on a substantial number of small entities" (5 U.S.C. 602).
Executive Order 12866 became effective September 30, 1993, and, in substance, requires the Department of Labor to publish an agenda listing all the regulations it expects to have under active consideration for promulgation, proposal, or review during the coming 1-year period. The focus of all departmental regulatory activity will be on the development of effective rules that advance the Department's goals and that are understandable and usable to the employers and employees in all affected workplaces.
The Department is committed to carrying out its responsibilities under the many statutes and Executive order programs it administers. However, in order to allow me and my staff to have sufficient opportunity to review the regulatory plans of the Department, many of the dates for next action are not specified or the nature of next action to be taken is listed as undetermined. The regulatory priorities of the Department will be reflected in the fall semiannual agenda.
All interested members of the public are invited and encouraged to let departmental officials know how our regulatory efforts can be improved, and, of course, to participate in and comment on the review or development of the regulations listed on the agenda.
Elaine L. Chao, Secretary of Labor.
| Office of the Secretary—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1848 | Production or Disclosure of Information or Materials | 1290-AA17 |
| Employment Standards Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1849 | Defining and Delimiting the Term "Any Employee Employed in a Bona Fide Executive, Administrative, or Professional Capacity" (ESA/W-H) | 1215-AA14 |
| 1850 | Application of the Fair Labor Standards Act to Domestic Service | 1215-AA82 |
| 1851 | Regulations To Implement the Federal Acquisition Streamlining Act of 1994, 29 CFR Parts 4 and 5, 41 CFR Parts 50-201 and 50-206 | 1215-AA96 |
| 1852 | Records To Be Kept by Employers Under the Fair Labor Standards Act | 1215-AB03 |
| 1853 | Implementation of the 1996 Amendments to the Fair Labor Standards Act | 1215-AB13 |
| 1854 | Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era | 1215-AB24 |
| 1855 | Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase Programs Under the Fair Labor Standards Act | 1215-AB31 |
| Employment Standards Administration—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1856 | Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H) | 1215-AA09 |
| 1857 | Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models | 1215-AB09 |
| 1858 | Minimum Wage and Overtime Violations—Civil Money Penalties (29 CFR 578); Child Labor Violations—Civil Money Penalties (29 CFR 579); Adjustment of Civil Money Penalties for Inflation | 1215-AB20 |
| 1859 | Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act | 1215-AB32 |
| 1860 | Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights Concerning Payment of Union Dues or Fees | 1215-AB33 |
| Employment Standards Administration—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1861 | Government Contractors: Nondiscrimination and Affirmative Action Obligations, Executive Order 11246 (ESA/OFCCP) (Revised) | 1215-AB28 |
| Employment Standards Administration—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1862 | Government Contractors: Nondiscrimination and Affirmative Action Obligations, Executive Order 11246 (ESA/OFCCP) | 1215-AA01 |
| 1863 | Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (29 CFR Part 5) | 1215-AA94 |
| 1864 | Black Lung Benefits Under the Federal Coal Mine Safety and Health Act of 1969, as Amended | 1215-AA99 |
| 1865 | Assessment and Collection of User Fees | 1215-AB06 |
| 1866 | Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (29 CFR Part 5) Definition of "Site of the Work" Under the Davis-Bacon Act | 1215-AB21 |
| 1867 | Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities | 1215-AB23 |
| 1868 | Service Contract Act Exemption for Certain Commercial Service Contracts | 1215-AB26 |
| 1869 | Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans and Veterans of the Vietnam Era (Revised) | 1215-AB27 |
| 1870 | Longshore Act Medical Fee Schedule | 1215-AB30 |
| Employment and Training Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1871 | Labor Certification Process for the Permanent Employment of Aliens in the United States | 1205-AA66 |
| 1872 | Disaster Unemployment Assistance Program, Amendment to Regulations | 1205-AB02 |
| 1873 | Federal-State Unemployment Compensation Program; Unemployment Insurance Performance System | 1205-AB10 |
| 1874 | Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee Structure | 1205-AB24 |
| Employment and Training Administration—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1875 | Trade Adjustment Assistance for Workers—Implementation of 1988 Amendments | 1205-AB05 |
| 1876 | Trade Adjustment Assistance for Workers—Transitional Adjustment Assistance NAFTA-TAA | 1205-AB07 |
| 1877 | Welfare-to-Work (WTW) Grants | 1205-AB15 |
| 1878 | Indian and Native American Welfare-to-Work Program | 1205-AB16 |
| 1879 | Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure of Information in State UC Records | 1205-AB18 |
| 1880 | Labor Certification Process for the Permanent Employment of Aliens in the United States; Refiling of Applications | 1205-AB25 |
| 1881 | Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses | 1205-AB27 |
| 1882 | Senior Community Service Employment Program | 1205-AB28 |
| Employment and Training Administration—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1883 | Services to Migrant and Seasonal Farmworkers, Job Service Complaint System, Monitoring, and Enforcement | 1205-AA37 |
| 1884 | Establishment of Fees for Immigration Programs Administered by the Employment and Training Administration | 1205-AB14 |
| Pension and Welfare Benefits Administration—Prerule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1885 | Bonding Rules Under the Employee Retirement Income Security Act of 1974 (Section 610 Review) | 1210-AA82 |
| 1886 | Requests for Enforcement Pursuant to Section 502(b)(2) (Section 610 Review) | 1210-AA83 |
| 1887 | Civil Penalties Under ERISA Section 502(c)(2) (Section 610 Review) | 1210-AA84 |
| 1888 | Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(2) (Section 610 Review) | 1210-AA85 |
| Pension and Welfare Benefits Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1889 | Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage | 1210-AA60 |
| 1890 | Prohibiting Discrimination Against Participants and Beneficiaries Based on Health Status | 1210-AA77 |
| 1891 | Regulation Exempting Certain Broker-Dealers and Investment Advisers From Bonding Requirements | 1210-AA80 |
| Pension and Welfare Benefits Administration—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1892 | Definition of Collective Bargaining Agreement (ERISA Section 3(40)) | 1210-AA48 |
| 1893 | Regulations Implementing the Health Care Access, Portability and Renewability Provisions of the Health Insurance Portability and Accountability Act of 1996 | 1210-AA54 |
| 1894 | Health Care Standards for Mothers and Newborns | 1210-AA63 |
| 1895 | Reporting Requirements for MEWAs Providing Medical Care Benefits | 1210-AA64 |
| 1896 | Elimination of Filing Requirements for Summary Plan Descriptions | 1210-AA66 |
| 1897 | Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor | 1210-AA67 |
| 1898 | Civil Penalty for Failure To Furnish Certain Plan Documents | 1210-AA68 |
| 1899 | Electronic Disclosure of Employee Benefit Plan Information | 1210-AA71 |
| 1900 | Rulemaking Relating to the Women's Health and Cancer Rights Act of 1998 | 1210-AA75 |
| 1901 | Voluntary Fiduciary Correction Program | 1210-AA76 |
| Pension and Welfare Benefits Administration—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1902 | Adequate Consideration | 1210-AA15 |
| 1903 | Civil Penalties Under ERISA Section 502(1) | 1210-AA37 |
| 1904 | Mental Health Benefits Parity | 1210-AA62 |
| 1905 | Individual Benefits Reporting Requirements for Defined Contribution Plans | 1210-AA65 |
| 1906 | Soft Dollar (Interpretive Bulletin) | 1210-AA74 |
| Pension and Welfare Benefits Administration—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1907 | Amendment of Summary Plan Description and Related ERISA Regulations To Implement Statutory Changes in the Health Insurance Portability and Accountability Act of 1996 | 1210-AA55 |
| 1908 | Amendments to Employee Benefit Plan Claims Procedures Regulation | 1210-AA61 |
| 1909 | Amendments to Summary Plan Description Regulations | 1210-AA69 |
| 1910 | National Medical Support Notice | 1210-AA72 |
| Mine Safety and Health Administration—Prerule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1911 | Electrical Grounding Standards for Metal and Nonmetal Mines | 1219-AB01 |
| 1912 | Escapeways and Refuges | 1219-AB23 |
| Mine Safety and Health Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1913 | Belt Entry Use as Intake Aircourse To Ventilate Working Sections | 1219-AA76 |
| 1914 | Metal/Nonmetal Impoundments | 1219-AA83 |
| 1915 | Independent Laboratory Testing | 1219-AA87 |
| 1916 | Surface Haulage | 1219-AA93 |
| 1917 | Improving and Eliminating Regulations | 1219-AA98 |
| 1918 | Respirable Crystalline Silica Standard | 1219-AB12 |
| 1919 | Safety Standards for Self-Contained Self-Rescue Devices in Coal and Metal/Nonmetal Underground Mines | 1219-AB19 |
| 1920 | Mine Rescue Teams | 1219-AB20 |
| 1921 | Surge and Storage Piles | 1219-AB22 |
| 1922 | Accident Investigation Hearing Procedures | 1219-AB26 |
| Mine Safety and Health Administration—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1923 | Hazard Communication | 1219-AA47 |
| 1924 | Longwall Equipment (Including High-Voltage) | 1219-AA75 |
| 1925 | Requirements for Approval of Flame-Resistant Conveyor Belts | 1219-AA92 |
| Mine Safety and Health Administration—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1926 | Air Quality, Chemical Substances, and Respiratory Protection Standards | 1219-AA48 |
| 1927 | Confined Spaces | 1219-AA54 |
| 1928 | Safety Standard Revisions for Underground Anthracite Mines | 1219-AA96 |
| 1929 | Training and Retraining of Miners | 1219-AB02 |
| 1930 | Occupational Exposure to Coal Mine Dust (Lowering Concentration Limit) | 1219-AB08 |
| 1931 | Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust | 1219-AB14 |
| 1932 | Determination of Concentration of Respirable Coal Mine Dust | 1219-AB18 |
| 1933 | Verification of Surface Coal Mine Dust Control Plans | 1219-AB21 |
| 1934 | Asbestos Exposure Limit | 1219-AB24 |
| 1935 | Continuous Monitoring of Respirable Coal Mine Dust in Underground Coal Mines | 1219-AB27 |
| Mine Safety and Health Administration—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1936 | Diesel Particulate Matter (Exposure of Underground Coal Miners) | 1219-AA74 |
| 1937 | Diesel Particulate Matter (Exposure of Underground Metal and Nonmetal Miners) | 1219-AB11 |
| Office of the Assistant Secretary for Administration and Management—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1938 | Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance From the Department of Labor | 1291-AA21 |
| 1939 | Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Workforce Investment Act of 1998 | 1291-AA29 |
| Office of the Assistant Secretary for Administration and Management—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1940 | Department of Labor Acquisition Regulation | 1291-AA20 |
| 1941 | Audits of States, Local Governments, and Nonprofit Organizations | 1291-AA26 |
| 1942 | Audit Requirements for Grants, Contracts, and Other Agreements | 1291-AA27 |
| 1943 | Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting From Federal Financial Assistance | 1291-AA28 |
| 1944 | Grants and Agreements | 1291-AA30 |
| 1945 | Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of Section 504 of the Rehabilitation Act of 1973 | 1291-AA31 |
| 1946 | Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug Free Workplace (Grants) 29 CFR 98 | 1291-AA33 |
| Occupational Safety and Health Administration—Prerule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1947 | Occupational Exposure to Ethylene Oxide (Section 610 Review) | 1218-AB60 |
| 1948 | Process Safety Management of Highly Hazardous Chemicals | 1218-AB63 |
| 1949 | Grain Handling Facilities (Section 610 Review) | 1218-AB73 |
| 1950 | Occupational Exposure to Perchloroethylene | 1218-AB86 |
| 1951 | Sanitation in the Construction Industry | 1218-AB87 |
| 1952 | Hearing Loss Prevention in Construction Workers | 1218-AB89 |
| Occupational Safety and Health Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1953 | Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness: Chromium) | 1218-AB45 |
| 1954 | Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in Confined Spaces | 1218-AB47 |
| 1955 | Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire Safety) | 1218-AB51 |
| 1956 | Permissible Exposure Limits (PELs) for Air Contaminants | 1218-AB54 |
| 1957 | Metalworking Fluids: Protecting Respiratory Health | 1218-AB58 |
| 1958 | Plain Language Revision of the Flammable and Combustible Liquids Standard | 1218-AB61 |
| 1959 | Plain Language Revision of the Mechanical Power-Transmission Apparatus Standard | 1218-AB66 |
| 1960 | Electric Power Transmission and Distribution; Electrical Protective Equipment in the Construction Industry | 1218-AB67 |
| 1961 | Occupational Exposure to Crystalline Silica | 1218-AB70 |
| 1962 | Occupational Exposure to Beryllium | 1218-AB76 |
| 1963 | Standards Improvement (Miscellaneous Changes) for General Industry, Marine Terminals, and Construction Standards (Phase II) | 1218-AB81 |
| 1964 | Plain Language Revisions to Spray Applications | 1218-AB84 |
| 1965 | Changes to State Plans | 1218-AB91 |
| Occupational Safety and Health Administration—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1966 | Respiratory Protection (Proper Use of Modern Respirators) | 1218-AA05 |
| 1967 | Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting Reproductive Health | 1218-AA84 |
| 1968 | Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips and Fall Prevention) | 1218-AB80 |
| 1969 | Plain Language Revisions to the Exit Route Standard | 1218-AB82 |
| 1970 | Signs, Signals, and Barricades | 1218-AB88 |
| Occupational Safety and Health Administration—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1971 | Longshoring and Marine Terminals (Parts 1917 and 1918) — Reopening of the Record (Vertical Tandem Lifts (VTLs)) | 1218-AA56 |
| 1972 | Scaffolds in Shipyards (Part 1915 — Subpart N) | 1218-AA68 |
| 1973 | Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits and Aisles) | 1218-AA70 |
| 1974 | Accreditation of Training Programs for Hazardous Waste Operations (Part 1910) | 1218-AB27 |
| 1975 | Indoor Air Quality in the Workplace | 1218-AB37 |
| 1976 | Safety and Health Programs (for General Industry and the Maritime Industries) | 1218-AB41 |
| 1977 | Occupational Exposure to Tuberculosis | 1218-AB46 |
| 1978 | General Working Conditions for Shipyard Employment | 1218-AB50 |
| 1979 | Fall Protection in the Construction Industry | 1218-AB62 |
| 1980 | Safety Standards for Scaffolds Used in the Construction Industry—Part II | 1218-AB68 |
| 1981 | Safety and Health Programs for Construction | 1218-AB69 |
| 1982 | Control of Hazardous Energy (Lockout) in Construction (Part 1926) (Preventing Construction Injuries/Fatalities: Lockout) | 1218-AB71 |
| 1983 | Employer Payment for Personal Protective Equipment | 1218-AB77 |
| 1984 | Consolidation of Records Maintenance Requirements in OSHA Standards | 1218-AB78 |
| 1985 | Oil and Gas Well Drilling and Servicing | 1218-AB83 |
| 1986 | Woodworking Machinery | 1218-AB92 |
| 1987 | Ergonomics Programs in Construction (Part 1926): Preventing Work-Related Musculoskeletal Disorders among Construction Workers | 1218-AB94 |
| 1988 | Subpart S—Electrical Standards | 1218-AB95 |
| 1989 | Occupational Health Risks in the Manufacture and Assembly of Semiconductors | 1218-AB96 |
| 1990 | Commercial Diving Operations: Technical Amendment | 1218-AB97 |
| 1991 | Procedures for Handling of Discrimination Complaints Under the Aviation Investment and Reform Act | 1218-AB99 |
| Occupational Safety and Health Administration—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1992 | Steel Erection (Part 1926) (Safety Protection for Ironworkers) | 1218-AA65 |
| 1993 | Recording and Reporting Occupational Injuries and Illnesses (Simplified Injury/Illness Recordkeeping Requirements) | 1218-AB24 |
| 1994 | Ergonomics Programs: Preventing Musculoskeletal Disorders | 1218-AB36 |
| 1995 | Consultation Agreements | 1218-AB79 |
| 1996 | Occupational Exposure to Bloodborne Pathogens; Needlestick and Other Sharps Injuries | 1218-AB85 |
| 1997 | Cotton Dust: Washed Cotton Exemption | 1218-AB90 |
| 1998 | New Jersey State Plan | 1218-AB98 |
| Office of the Assistant Secretary for Veterans' Employment & Training—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1999 | Annual Report for Federal Contractors | 1293-AA07 |
1848. PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS
Agency:
Department of Labor (DOL)/Office of the Secretary (OS)
Priority:
Substantive, Nonsignificant
Legal Authority:
5 USC 301; 5 USC 552 as amended; 5 USC Reorganization Plan No. 6 of 1950; EO 12600, 52 FR 23781 (June 25, 1987)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 70
Legal Deadline:
None
Abstract:
The regulation will incorporate the provisions of the 1996 FOIA amendments. These include extending DOL processing time from 10 to 20 days for most FOIA requests and requiring that all reading room materials created since November 1, 1996, be made available by electronic means such as the Internet.
| Action | Date | FR Cite |
| NPRM | 05/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Miriam McD. Miller, Co-Counsel for Administrative Law, Division of Legislation and Legislative Counsel, Department of Labor, Office of the Secretary, Room N2428, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-5500
Email: miller-miriam@dol.gov
RIN:
1290-AA17
1849. DEFINING AND DELIMITING THE TERM "ANY EMPLOYEE EMPLOYED IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY" (ESA/W-H)
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Economically Significant. Major under 5 USC 801.
Unfunded Mandates:
This action may affect State, local or tribal governments and the private sector.
Legal Authority:
29 USC 213(a)(1)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 541
Legal Deadline:
None
Abstract:
These regulations set forth the criteria for exemption from the Fair Labor Standards Act's minimum wage and overtime requirements for "executive," "administrative," "professional" and "outside sales employees." To be exempt, employees must meet certain tests relating to duties and responsibilities and be paid on a salary basis at specified levels. A final rule increasing the salary test levels was published on January 13, 1981 (46 FR 3010), to become effective on February 13, 1981, but was indefinitely stayed on February 12, 1981 (46 FR 11972). On March 27, 1981, a proposal to suspend the final rule indefinitely was published (46 FR 18998), with comments due by April 28, 1981. As a result of numerous comments and petitions from industry groups on the duties and responsibilities tests, and as a result of case law developments, the Department concluded that a more comprehensive review of these regulations was needed. An ANPRM reopening the comment period and broadening the scope of review to include all aspects of the regulations was published on November 19, 1985, with the comment period subsequently extended to March 22, 1986.
The Department has revised these regulations since the ANPRM to address specific issues. In 1991, as the result of an amendment to the Fair Labor Standards Act (FLSA), the regulations were revised to permit certain computer systems analysts, computer programmers, software engineers, and other similarly skilled professional employees to qualify for the exemption, including those paid on an hourly basis if their rates of pay exceed 6 1/2 times the applicable minimum wage. Also, in 1992 the Department issued a final rule which modified the exemption's requirement for payment on a "salary basis" for otherwise exempt public sector employees.
Statement of Need:
These regulations contain the criteria used to determine if an employee is exempt from the FLSA as an "executive," "administrative," "professional," or "outside sales" employee. The existing salary test levels used in determining which employees qualify as exempt were adopted in 1975 on an interim basis. These salary level tests are outdated and offer little practical guidance in applying the exemption. In addition, numerous comments and petitions have been received from industry groups regarding the duties and responsibilities tests in the regulations, requesting a review of these regulations.
These regulations have been revised to deal with specific issues. In 1991, as the result of an amendment to the FLSA, the regulations were revised to permit certain computer systems analysts, computer programmers, software engineers, and other similarly skilled professional employees to qualify for the exemption, including those paid on an hourly basis if their rates of pay exceed 6 1/2 times the applicable minimum wage. Also in 1991, the Department undertook separate rulemaking on another aspect of the regulations, the definition of "salary basis" for public-sector employees. Because of the limited nature of these revisions, the regulations are still in need of updating and clarification.
Summary of Legal Basis:
These regulations are issued under the statutory exemption from minimum wage and overtime pay provided by section 13(a)(1) of the Fair Labor Standards Act, 29 USC 213(a)(1), which requires the Secretary of Labor to issue regulations that define and delimit the terms "any employee employed in a bona fide, executive, administrative, or professional capacity ..., or in the capacity of outside salesman...," for purposes of applying the exemption to employees who meet the specified criteria.
Alternatives:
The Department will involve affected interest groups in developing regulatory alternatives. Following completion of these outreach and consultation activities, full regulatory alternatives will be developed.
Although legislative proposals have been introduced in Congress to address certain aspects of these regulations, the Department continues to believe revisions to the regulations are the appropriate response to the concerns raised. Alternatives likely to be considered range from particular changes to address "salary basis" and salary level issues to a comprehensive overhaul of the regulations that also addresses the duties and responsibilities tests.
Anticipated Cost and Benefits:
Some 32 million employees are estimated to be within the scope of these regulations. Legal developments in court cases are changing the guiding interpretations under this exemption and creating law without considering a comprehensive analytical approach to current compensation concepts and workplace practices. Clear, comprehensive, and up-to-date regulations would provide for central, uniform control over the application of these regulations and ameliorate many concerns. In the public sector, State and local government employers contend that the rules are based on production workplace environments from the 1940s and 1950s that do not readily adapt to contemporary government functions. The Federal Government also has concerns regarding the manner in which the courts and arbitration decisions are applying the exemption to the Federal workforce. Resolution of confusion over how the regulations are to be applied in the public sector will ensure that employees are protected, that employers are able to comply with their responsibilities under the law, and that the regulations are enforceable. Preliminary estimates of the specific costs and benefits of this regulatory action will be developed once the various regulatory alternatives are identified.
Risks:
This action does not affect public health, safety, or the environment.
| Action | Date | FR Cite |
| Indefinite Stay of Final Rule | 02/12/81 | 46 FR 11972 |
| Proposal To Suspend Rule Indefinitely | 03/27/81 | 46 FR 18998 |
| ANPRM | 11/19/85 | 50 FR 47696 |
| Extension of ANPRM Comment Period From 01/21/86 to 03/22/86 | 01/17/86 | 51 FR 2525 |
| ANPRM Comment Period End | 03/22/86 | |
| NPRM | 12/00/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions, Organizations
Government Levels Affected:
State, Local, Federal
Federalism:
Undetermined
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AA14
1850. APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
Sec 13(a)(15), Fair Labor Standards Act (FLSA), as amended; Sec 13(b)(21), FLSA, as amended; 29 USC 213(a)(15); 29 USC 213(b)(21) 88 Stat 62; Sec 29(b), FLSA of 1974; PL 93-259 88, Stat 76
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 552
Legal Deadline:
None
Abstract:
Section 13(a)(15) of the Fair Labor Standards Act (FLSA) provides an exemption from minimum wage and overtime compensation for domestic service employees engaged in providing companionship services. Section 13(b)(21) of the FLSA provides an exemption from overtime compensation for live-in domestic service employees. DOL proposed certain technical amendments to update the regulations, 29 CFR part 552, Application of the Fair Labor Standards Act to Domestic Service, and to clarify the applicability of these exemptions to third-party employers (58 FR 69310). After reviewing the public comments, the Department adopted technical changes to update the regulations, including a revision necessitated by amendments to title II of the Social Security Act under Public Law 103-387 (Social Security Domestic Employment Reform Act) 10/22/94, (see 60 FR 46766) and reopened the public comment period on proposed revisions affecting third-party employers (section 552.109). After further review of the history and background to this exemption, a new proposed rule was published for public comment on 1/19/2001 (66 FR 5481).
| Action | Date | FR Cite |
| NPRM | 12/30/93 | 58 FR 69310 |
| NPRM Comment Period End | 02/28/94 | |
| Second NPRM | 09/08/95 | 60 FR 46797 |
| Final Rule | 09/08/95 | 60 FR 46766 |
| Third NPRM | 01/19/01 | 66 FR 5481 |
| NPRM Comment Period End | 03/20/01 | |
| Third NPRM Comment Period End Extended to 07/23/2001 | 04/23/01 | 66 FR 20411 |
| Final Action | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AA82
1851. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994, 29 CFR PARTS 4 AND 5, 41 CFR PARTS 50-201 AND 50-206
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
PL 103-355, 108 Stat. 3243
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4; 29 CFR 5; 41 CFR 50 to 201; 41 CFR 50 to 206
Legal Deadline:
NPRM, Statutory, May 11, 1995.
Final, Statutory, October 1, 1995.
Abstract:
The Federal Acquisition Streamlining Act of 1994, signed on October 13, 1994, amended several Acts administered by the Department of Labor: (1) the Contract Work Hours and Safety Standards Act (CWHSSA) to limit its applicability to contracts in an amount of $100,000 or greater; (2) the Davis-Bacon Act (DB) to provide waivers from the Act's prevailing wage requirements under selected laws for volunteers performing services to a State or local government or agency and for volunteers performing services to a public or private nonprofit recipient of Federal assistance; and (3) the Walsh-Healey Public Contracts Act (PCA) to eliminate the requirements that contractors on covered contracts be either manufacturers or regular dealers in the items to be supplied under the contract but retains the Secretary of Labor's authority to define the terms "regular dealer" and "manufacturer." A final rule implementing the CWHSSA and PCA changes was published on August 5, 1996 (61 FR 40714).
| Action | Date | FR Cite |
| NPRM | 09/07/95 | 60 FR 46553 |
| NPRM Comment Period End | 10/10/95 | |
| Final Rule - Walsh-Healey/CWHSSA Rule | 08/05/96 | 61 FR 40714 |
| Second NPRM | 10/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AA96
1852. RECORDS TO BE KEPT BY EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 211; 29 USC 201 et seq; 29 USC 207(g); 52 Stat 1066, sec 11; 52 Stat 1060, sec 11; 103 Stat 944, sec 7
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 516 et seq
Legal Deadline:
None
Abstract:
This regulation gives guidance to employers on the information they must keep in records deemed essential for determining compliance with the monetary requirements of the Fair Labor Standards Act (FLSA) regarding payment of minimum wages and overtime compensation to covered and nonexempt employees, or for determining that certain statutory exemptions to FLSA's requirements for payment of the minimum wage or overtime (or both) may apply. This regulatory initiative contemplates simplification of regulatory language and streamlining of regulatory requirements to ensure that applicable standards are easily understandable and reasonable.
| Action | Date | FR Cite |
| NPRM | 10/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AB03
1853. IMPLEMENTATION OF THE 1996 AMENDMENTS TO THE FAIR LABOR STANDARDS ACT
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
PL 104-188, sec 2101 to 2105; 29 USC 201 et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 4; 29 CFR 531; 29 CFR 541; 29 CFR 778; 29 CFR 785; 29 CFR 790; 29 CFR 870; 41 CFR 50-202
Legal Deadline:
None
Abstract:
The "Small Business Job Protection Act of 1996" (H.R. 3448) was enacted on August 20, 1996, as Public Law 104-188. Title II of this enactment amended the Portal-to-Portal Act (PA) and the Fair Labor Standards Act (FLSA). The PA amendment excludes (under certain circumstances) from compensable "hours worked" the time spent by an employee in home-to-work travel in an employer-provided vehicle. The FLSA amendments: (1) increase the $4.25 Federal minimum hourly wage by $.90 in two steps over two years (i.e., to $4.75 on October 1, 1996, and to $5.15 on September 1, 1997); (2) provide a $4.25 subminimum wage for youth under age 20 in their first 90 calendar days of employment with an employer; (3) set the employer's direct wage payment obligation for tipped employees at $2.13 per hour (provided such employees receive the balance of the full minimum wage in tips); and (4) set the hourly compensation requirements at not less than $27.63 per hour for certain exempt professional employees in computer-related occupations. Changes will be required in the regulations to reflect these amendments.
| Action | Date | FR Cite |
| NPRM | 06/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AB13
1854. AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS FOR SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
38 USC 4211; 38 USC 4212; PL 102-16; PL 102-127; PL 102-484; PL 95-520; PL 93-508, amended; PL 94-502; PL 96-466; PL 101-237; PL 97-306; PL 98-223; PL 105-339
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
41 CFR 60-250
Legal Deadline:
None
Abstract:
OFCCP proposes to amend the regulations implementing the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) 38 USC 4212, to conform with the Veterans Employment Opportunities Act (the Act) of 1998 and the Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA). The Act and VBHCIA of 2000 increase the current threshold for coverage from $10,000 to $25,000. The Act and VBHCIA of 2000 expand the existing definition of Veterans, i.e., special disabled veterans and veterans of the Vietnam Era, to include recently separated veterans and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Recently separated veterans means any veteran during the one-year period beginning on the date of such veteran's discharge or release from active duty.
| Action | Date | FR Cite |
| NPRM | 07/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Government Levels Affected:
None
Agency Contact:
James I. Melvin, Director, Division of Policy, Planning, and Program Development, OFCCP, Department of Labor, Employment Standards Administration, Room N3424, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: jimelvin@fenix2.dol-esa.gov
RIN:
1215-AB24
1855. STOCK OPTIONS, STOCK APPRECIATION RIGHTS, AND BONA FIDE EMPLOYEE STOCK PURCHASE PROGRAMS UNDER THE FAIR LABOR STANDARDS ACT
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
29 USC 207(e)(8); PL 106-202, sec 2(e)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 546; 29 CFR 778
Legal Deadline:
None
Abstract:
The Worker Economic Opportunity Act, Public Law 106-202 (May 18, 2000), amended section 7(e) of the Fair Labor Standards Act to clarify how certain employer-provided stock option programs are to be treated for purposes of overtime pay. Certain programs meeting prescribed criteria would not have to be factored into the "regular rate" otherwise required when calculating "time-and-one-half" overtime premium pay for overtime hours of work. The legislation calls for regulations to be promulgated as necessary, which will include amendments to some of the existing regulations on overtime pay.
| Action | Date | FR Cite |
| NPRM | 10/00/01 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
Businesses, Organizations
Government Levels Affected:
None
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AB31
1856. CHILD LABOR REGULATIONS, ORDERS, AND STATEMENTS OF INTERPRETATION (ESA/W-H)
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
29 USC 203(e)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 570
Legal Deadline:
None
Abstract:
Section 3(l) of the Fair Labor Standards Act requires the Secretary of Labor to issue regulations with respect to minors between 14 and 16 years of age ensuring that the periods and conditions of their employment do not interfere with their schooling, health, or well-being. The Secretary is also directed to designate occupations that may be particularly hazardous for minors 16 and 17 years of age. Child Labor Regulation No. 3 sets forth the permissible industries and occupations in which 14- and 15-year-olds may be employed, and specifies the number of hours in a day and in a week, and time periods within a day, that such minors may be employed. The Department has invited public comment in considering whether changes in technology in the workplace and job content over the years require new hazardous occupation orders, and whether changes are needed in some of the applicable hazardous occupation orders. Comment has also been solicited on whether revisions should be considered in the permissible hours and time-of-day standards for 14- and 15-year-olds. Comment has been sought on appropriate changes required to implement school-to-work transition programs. Additionally, Congress enacted Public Law 104-174 (August 6, 1996), which amended FLSA section 13(c) and requires changes in the regulations under Hazardous Occupation Order No. 12 regarding power-driven paper balers and compactors, to allow 16- and 17-year-olds to load, but not operate or unload, machines meeting applicable American National Standards Institute (ANSI) safety standards and certain other conditions. Congress also passed the Drive for Teen Employment Act, Public Law 105-334 (October 31, 1998), which prohibits minors under age 17 from driving automobiles and trucks on public roads on the job and sets criteria for 17-year-olds to drive such vehicles on public roads on the job.
Statement of Need:
Because of changes in the workplace and the introduction of new processes and technologies, the Department is undertaking a comprehensive review of the regulatory criteria applicable to child labor. Other factors necessitating a review of the child labor regulations are changes in places where young workers find employment opportunities, the existence of differing Federal and State standards, and the divergent views on how best to correlate school and work experiences.
Under the Fair Labor Standards Act, the Secretary of Labor is directed to provide by regulation or by order for the employment of youth between 14 and 16 years of age under periods and conditions which will not interfere with their schooling, health and well-being. The Secretary is also directed to designate occupations that may be particularly hazardous for youth between the ages of 16 and 18 years or detrimental to their health or well-being. The Secretary has done so by specifying, in regulations, the permissible industries and occupations in which 14- and 15-year-olds may be employed, and the number of hours per day and week and the time periods within a day in which they may be employed. In addition, these regulations designate the occupations declared particularly hazardous for minors between 16 and 18 years of age or detrimental to their health or well-being.
Public comment has been invited in considering whether changes in technology in the workplace and job content over the years require new hazardous occupation orders or necessitate revision to some of the existing hazardous orders. Comment has also been invited on whether revisions should be considered in the permissible hours and time-of-day standards for the employment of 14- and 15-year-olds, and whether revisions should be considered to facilitate school-to-work transition programs. When issuing the regulatory proposals (after review of public comments on the advance notice of proposed rulemaking), the Department's focus will be on assuring healthy, safe and fair workplaces for young workers, and at the same time promoting job opportunities for young people and making regulatory standards less burdensome to the regulated community.
Summary of Legal Basis:
These regulations are issued under sections 3(1), 11, 12, and 13 of the Fair Labor Standards Act, 29 USC sections 203(1), 211, 212, and 213 which require the Secretary of Labor to issue regulations prescribing permissible time periods and conditions of employment for minors between 14 and 16 years old so as not to interfere with their schooling, health, or well-being, and to designate occupations that may be particularly hazardous or detrimental to the health or well-being of minors under 18 years old.
Alternatives:
Regulatory alternatives developed based on recent legislation and the public comments responding to the advance notice of proposed rulemaking included specific proposed additions or modifications to the paper baler, teen driving, explosive materials, and roofing hazardous occupation orders, and proposed changes to the permissible cooking activities that 14- and 15-year-olds may perform in retail establishments.
Anticipated Cost and Benefits:
Preliminary estimates of the anticipated costs and benefits of this regulatory action indicated that the rule was not economically significant. Benefits will include safer working environments and the avoidance of injuries with respect to young workers.
Risks:
The child labor regulations, by ensuring that permissible job opportunities for working youth are safe and healthy and not detrimental to their education as required by the statute, produce positive benefits by reducing health and productivity costs employers may otherwise incur from higher accident and injury rates to young and inexperienced workers. Given the limited nature of the changes in the proposed rule, a detailed assessment of the magnitude of risk was not prepared.
| Action | Date | FR Cite |
| Final Action HOs 2, 10 and 12 | 11/20/91 | 56 FR 58626 |
| Final Action Effective | 12/20/91 | |
| ANPRM | 05/13/94 | 59 FR 25167 |
| ANPRM Comment Period End | 08/11/94 | 59 FR 40318 |
| NPRM | 11/30/99 | 64 FR 67130 |
| NPRM Comment Period End | 01/31/00 | |
| Final Action | 10/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AA09
1857. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
8 USC 1101(a)(15)(H)(i)(b); 8 USC 1182(n); 8 USC 1184; 29 USC 49 et seq; PL 102-232
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 655, subparts H & I
Legal Deadline:
None
Abstract:
This proposed rule is a republication for notice and public comment of various provisions of the Department's final rule implementing provisions of the Immigration and Nationality Act as it relates to the temporary employment in the United States of nonimmigrants admitted under H-1B visas. Regulations, 29 CFR part 507 which duplicate 20 CFR part 655, subparts H and I, have been removed from title 29. (See 61 FR 51013.) In addition, amendments are proposed to implement the American Competitiveness and Workforce Improvement Act of 1998 (Title IV, Public Law 105-277, October 21, 1998; 112 Stat. 2681).
| Action | Date | FR Cite |
| NPRM | 10/31/95 | 60 FR 55339 |
| NPRM Comment Period End | 11/30/95 | |
| NPRM | 01/05/99 | 64 FR 628 |
| NPRM Comment Period End | 02/04/99 | |
| Interim Final Rule | 12/20/00 | 65 FR 80110 |
| Interim Final Rule Effective | 01/19/01 | |
| Interim Final Rule Comment Period End | 04/23/01 | 66 FR 10865 |
| Final Action | 10/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AB09
1858. MINIMUM WAGE AND OVERTIME VIOLATIONS—CIVIL MONEY PENALTIES (29 CFR 578); CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES (29 CFR 579); ADJUSTMENT OF CIVIL MONEY PENALTIES FOR INFLATION
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
29 USC 216(e); PL 101-410; PL 104-134
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 578; 29 CFR 579
Legal Deadline:
Final, Statutory, October 23, 1996.
Abstract:
The Debt Collection Improvement Act of 1996 (PL 104-134) amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (PL 101-410) to require Federal agencies to adjust certain civil money penalties for inflation. The Department is proposing adjustments in the civil money penalties that may be assessed under section 16(e) of the Fair Labor Standards Act for (1) repeated or willful violations of the minimum wage or overtime provisions; and (2) child labor violations. Any increase in the penalty amounts shall apply only to violations which occur after the effective date of the increase.
| Action | Date | FR Cite |
| NPRM | 12/28/98 | 63 FR 71405 |
| NPRM Comment Period End | 01/27/99 | |
| Final Action | 06/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Tribal, Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AB20
1859. ¤ CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
PL 106-398; EO 13179
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 30
Legal Deadline:
Other, Statutory, May 31, 2001, Interim Final Rule.
By executive order, regulations for administration of program to be promulgated by 5/31/2001.
Abstract:
The Department of Labor is proposing regulations for its administration of the provisions of the Energy Employees Occupational Illness Compensation Program Act. These regulations will address all questions arising under this act which have not been specifically assigned to the Secretary of Health and Human Services, to the Secretary of Energy, or to the Attorney General.
| Action | Date | FR Cite |
| Interim Final Rule | 05/00/01 |
Regulatory Flexibility Analysis Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Agency Contact:
Shelby S. Hallmark, Acting Director, Office of Workers' Compensation Programs, Department of Labor, Employment Standards Administration, Room S3524, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0031
Fax: 202 693-1378
Email: sh1@fenix2.dol-esa.gov
RIN:
1215-AB32
1860. ¤ OBLIGATION OF FEDERAL CONTRACTORS AND SUBCONTRACTORS, NOTICE OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
EO 13201
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
Not Yet Determined
Legal Deadline:
None
Abstract:
This regulation will implement E.O. 13201 which requires government contractors and subcontractors to post notices informing their employees that (1) under federal law they cannot be required to join a union or maintain membership in a union to retain their jobs, and (2) employees who choose not to be union members may object to the use of their compulsory union dues and fees for activities other than collective bargaining, contract administration, and grievance adjustment, and may be entitled to a refund and an appropriate reduction in the future payments. The proposed regulation, in accordance with E.O. 13201, will also, require that, where applicable, each government contracting agency include certain provisions of the Order in its government contracts, and that government contractors and subcontractors include these provisions in their nonexempt subcontracts and purchase orders.
| Action | Date | FR Cite |
| Interim Procedural Rule | 04/18/01 | 66 FR 19988 |
| Interim Final Rule | 08/00/01 | |
| Final Rule | 12/00/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Federal
Agency Contact:
Don Todd, Deputy Assistant Secretary, Department of Labor, Employment Standards Administration, Room S2321, 200 Constitution Avenue NW., FP Building, Washington, DC 20210
Phone: 202 693-0200
Fax: 202 693-1340
RIN:
1215-AB33
1861. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP) (REVISED)
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
EO 11246, as amended; 38 USC 4211; PL 94-502;; PL 97-306; PL 102-484; 38 USC 4212; PL 93-508, amended; PL 96-466; PL 101-237;; EO 11758; PL 98-223; PL 102-16; PL 102-127; PL 95-520; PL 105-339; 29 USC 706;; 29 USC 793; EO 11758
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
41 CFR 60-1 (Revision); 41 CFR 60-250 (Revision); 41 CFR 60-741 (Revision)
Legal Deadline:
None
Abstract:
The NPRM would remove the obligation to visit an establishment during a compliance check, which is currently required by Section 60-1.20(a)(3) in order to enhance efficiency in resource allocation. OFCCP proposes also to make the same revision in Section 60-250(a)(3) of the regulations implementing the affirmative action provisions of the Vietnam Era Veteran's Readjustment Assistance Act (VEVRAA). Lastly, OFCCP proposes to conform regulations implementing Section 503 to the compliance evaluation procedures contained in the regulations implementing Executive Order 11246, as amended, and the affirmative action provisions of VEVRAA, both of which expressly authorize OFCCP to use additional investigative procedures to determine a contractor's compliance with the regulations.
| Action | Date | FR Cite |
| NPRM | 10/12/00 | 65 FR 60815 |
Regulatory Flexibility Analysis Required:
Undetermined
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Agency Contact:
James I. Melvin, Director, Division of Policy, Planning, and Program Development, OFCCP, Department of Labor, Employment Standards Administration, Room N3424, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: jimelvin@fenix2.dol-esa.gov
RIN:
1215-AB28
1862. GOVERNMENT CONTRACTORS: NONDISCRIMINATION AND AFFIRMATIVE ACTION OBLIGATIONS, EXECUTIVE ORDER 11246 (ESA/OFCCP)
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
EO 11246, as amended
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
41 CFR 60-1; 41 CFR 60-2
Legal Deadline:
None
Abstract:
These regulations cover nondiscrimination and affirmative action obligations of Federal contractors under Executive Order (E.O.) 11246 as amended. The part 60-1 final rule, published 8/19/97, revised portions of the regulations implementing E.O. 11246. OFCCP's review of regulatory options continued with emphasis on streamlining and clarifying the regulatory language and reducing paperwork requirements associated with compliance. OFCCP issued revisions to written affirmative action program (AAP) requirements to reduce burdens on the regulated community and to improve the enforcement of the Executive order.
Statement of Need:
Portions of the regulations implementing E.O. 11246 needed to be revised to reflect changes in the law that have occurred over time, and other portions needed to be streamlined and clarified. E.O. 11246 requires all Federal contractors and subcontractors and federally assisted construction contractors and subcontractors to apply a policy of nondiscrimination and affirmative action in employment with respect to race, color, religion, sex, and national origin. The regulatory revisions are necessary in order to allow the DOL to effectively and efficiently enforce the provisions of the Executive order. As a first step in updating its Executive order regulations, the Department published changes to the provisions that govern preaward review requirements; recordkeeping and record retention requirements; certification requirements; and related provisions. In addition, other revisions have been made that conform E.O. 11246 regulations to the recent changes made in the Department's regulations implementing section 503 of the Rehabilitation Act.
A second phase of revision changed provisions that govern requirements for written affirmative action plans and the provisions concerning evaluation of contractor procedures.
Summary of Legal Basis:
No aspect of this action is required by statute or court order.
Alternatives:
After careful review, it was decided that the most effective way to improve compliance with the E.O. 11246 provisions and reduce burdens on contractors was to revise these regulations. Administrative actions alone could not produce the desired results.
Anticipated Cost and Benefits:
It is anticipated that the net effect of the changes will increase compliance with the nondiscrimination and affirmative action requirements of the Executive Order and reduce compliance costs to Federal contractors. The Department will also be able to utilize its resources more efficiently and more effectively.
Risks:
Failure to move forward with OFCCP's regulatory agenda could cause the continuation of outdated methods of evaluating contractor compliance and impede effective enforcement of E.O. 11246.
| Action | Date | FR Cite |
| NPRM Affirmative Action Plans (60-2) | 05/04/00 | 65 FR 26087 |
| NPRM Comment Period End | 07/03/00 | |
| Final Rule | 11/13/00 | 65 FR 68021 |
| Final Rule Effective | 12/13/00 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Additional Information:
OFCCP's emphasis has been on regulatory reform, e.g., to revise the E.O. 11246 regulations to reduce paperwork burdens, eliminate unnecessary regulations, and simplify and clarify the regulations while improving the efficiency and effectiveness of the contract compliance program.
Agency Contact:
James I. Melvin, Director, Division of Policy, Planning, and Program Development, OFCCP, Department of Labor, Employment Standards Administration, Room N3424, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0102
TDD Phone: 202 693-1308
Fax: 202 693-1304
Email: jimelvin@fenix2.dol-esa.gov
RIN:
1215-AA01
1863. PROCEDURES FOR PREDETERMINATION OF WAGE RATES (29 CFR PART 1) AND LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5)
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Economically Significant. Major under 5 USC 801.
Legal Authority:
40 USC 276a to 276a(7)
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 1; 29 CFR 5
Legal Deadline:
None
Abstract:
The Department attempted to implement revised rules governing the circumstances in which "helpers" may be used on federally funded and assisted construction contracts subject to the Davis-Bacon Act in May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 1982)). After protracted litigation, a final rule was published in January 1989 (see 54 FR 4234) which became effective on February 4, 1991. Thereafter, on two occasions Congress acted to prevent the Department from expending any funds to implement these revised helper regulations—through the Dire Emergency Supplemental Appropriations Act of 1991, PL 102-27, 105 Stat. 130,151 (1991), and then through section 104 of the DOL Appropriations Act of 1994, PL 103-112. Given the uncertainty of continuation of such moratoriums, the Department determined that the helper issue needs to be addressed through further rulemaking. A notice inviting public comment on a proposal to continue the suspension of the former helper regulations while the Department conducts additional rulemaking proceedings was published August 2, 1996 (61 FR 40366). A final rule continuing the suspension while further rulemaking is considered was published December 30, 1996 (61 FR 68641). A notice of proposed rulemaking was published April 9, 1999 (64 FR 17442).
Statement of Need:
The current helper rules are difficult to administer and enforce and—as evidenced by the prolonged litigation history and subsequent congressional actions—are highly controversial. In May 1982, the Department attempted to implement revised rules governing the circumstances in which "helpers" may be used on federally funded and assisted construction contracts subject to the Davis-Bacon Act. After protracted litigation, a final rule was published in January 1989 and became effective on February 4, 1991. Thereafter, on two occasions, Congress acted to prevent the Department from expending any funds to implement these revised helper regulations through appropriations riders. Given the uncertainty of continuation of such moratoriums, the Department determined that the helper issue needs to be addressed through further rulemaking.
Summary of Legal Basis:
These regulations are issued under the authority conferred upon the Secretary of Labor by Reorganization Plan No. 14 of 1950 (64 Stat. 1267, 5 USC Appendix) and the Copeland Act (40 USC 276c) in order to provide coordinated enforcement of the prevailing wage provisions of the Davis-Bacon Act (40 USC 276a-276a-7) and several additional Federal statutes that require payment of prevailing wages as determined by the Secretary of Labor according to the Davis-Bacon Act to laborers and mechanics working on federally funded or assisted construction contracts (see list of statutes in 29 CFR sec. 5.1).
Alternatives:
The Administration has determined that there are only limited alternatives to addressing this issue through rulemaking, in addition to possible legislative changes.
Anticipated Cost and Benefits:
The new final rule regarding the helper criteria seeks to make administration of the Davis-Bacon Act more efficient by establishing reasonable "helper" criteria and methodology—thus resolving the controversy and uncertainty currently experienced by interested parties. Changes in the helper regulations may affect prior estimates of potential construction procurement cost savings anticipated from the earlier rulemaking. Estimates of the financial impacts of revised "helper" regulations included in the NPRM range from $72.8 million to $296 million, depending upon the alternative considered and the data sources used.
Risks:
This action does not affect public health, safety, or the environment.
| Action | Date | FR Cite |
| NPRM - Continue Suspension | 08/02/96 | 61 FR 40367 |
| Final Action - Continue Suspension | 12/30/96 | 61 FR 68641 |
| NPRM | 04/09/99 | 64 FR 17442 |
| NPRM Comment Period End | 06/08/99 | |
| Final Action | 11/20/00 | 65 FR 69674 |
| Final Action Effective | 01/19/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
State, Local, Tribal, Federal
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AA94
1864. BLACK LUNG BENEFITS UNDER THE FEDERAL COAL MINE SAFETY AND HEALTH ACT OF 1969, AS AMENDED
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Other Significant
Legal Authority:
30 USC 901 et seq
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
20 CFR 718; 20 CFR 722; 20 CFR 725; 20 CFR 726; 20 CFR 727
Legal Deadline:
None
Abstract:
The Division of Coal Mine Workers' Compensation reviewed its existing regulations, pursuant to Executive Order 12866, with a goal of eliminating outdated and unnecessary rules and streamlining the processes. The result is a final rule that revises existing rules to facilitate the resolution of claims; streamlines the litigation process by encouraging the early development and submission of evidence; raises the dollar limit for prior approval for medical equipment; and rewrites existing rules to make them more customer-oriented.
There will be no additional administrative costs associated with these changes, but savings can be expected through streamlining.
| Action | Date | FR Cite |
| NPRM | 01/22/97 | 62 FR 3338 |
| NPRM Comment Period Extended to 5/23/97 | 02/24/97 | 62 FR 8201 |
| NPRM Comment Period End | 03/24/97 | |
| NPRM Comment Period End Extended to 8/22/97 | 05/16/97 | 62 FR 27000 |
| Second NPRM | 10/08/99 | 64 FR 54966 |
| Second NPRM Comment Period Extended | 11/18/99 | 64 FR 62997 |
| Second NPRM Comment Period End | 01/06/00 | |
| Final Action | 12/20/00 | 65 FR 79920 |
| Final Action Effective | 01/19/01 |
Regulatory Flexibility Analysis Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Agency Contact:
James L. DeMarce, Director, Coal Mine Workers' Compensation, OWCP, Department of Labor, Employment Standards Administration, Room C3520, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0046
Fax: 202 693-1395
RIN:
1215-AA99
1865. ASSESSMENT AND COLLECTION OF USER FEES
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
PL 97-470; 29 USC 211; 29 USC 214; 52 Stat 1066, sec 11; 63 Stat 910, sec 9; 29 USC 211(d); 80 Stat 843 to 844, sec 501 and 602; 96 Stat 2583; 29 USC 1801 to 1872; Secretary's Order No. 1-93 (58 FR 21190); PL 99-603, sec 210A(f); 100 Stat 3359; 8 USC 1161(f); 52 Stat 1068, sec 11 and 14; 75 Stat 74, sec 11
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 500.45; 29 CFR 500.52; 29 CFR 519.3; 29 CFR 519.13; 29 CFR 530.4; 29 CFR 530.102
Legal Deadline:
None
Abstract:
Title V of the Independent Offices Appropriations Act of 1952, often referred to as the "user fee statute," and the Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act of 1995 (PL 103-333), authorize the Department to establish and collect user fees to recover the costs of providing certain services that are required by law and without which, the recipients of the services would not legally be allowed to engage in particular employment practices. The services for which user fees are being considered include processing applications and issuing farm labor contractor certificates of registration under the Migrant and Seasonal Agricultural Worker Protection Act; processing applications and issuing certificates authorizing employers to employ certain students at special minimum wages under section 14(b) of the Fair Labor Standards Act; and processing applications and issuing certificates authorizing employers to employ homeworkers under section 11(d) of the Fair Labor Standards Act.
| Action | Date | FR Cite |
| Withdrawn | 02/01/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
None
Agency Contact:
Thomas M. Markey, Deputy Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432
RIN:
1215-AB06
1866. LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (29 CFR PART 5) DEFINITION OF "SITE OF THE WORK" UNDER THE DAVIS-BACON ACT
Agency:
Department of Labor (DOL)/Employment Standards Administration (ESA)
Priority:
Substantive, Nonsignificant
Legal Authority:
40 USC 276a to 276a-7; 40 USC 276c
CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)
29 CFR 5
Legal Deadline:
None
Abstract:
Two appellate court decisions have ruled that the Department of Labor's definition of "site of the work" in section 5.2(l) of the Davis-Bacon Act regulations does not conform to the statutory language of the Davis-Bacon Act, which requires payment of prevailing wages as determined under the Act to all laborers and mechanics "employed directly upon the site of the work." (See e.g., Ball, Ball and Brosamer v. Reich, 24 F.3d 1447, (D.C. Cir. 1994); L.P. Cavett Company v. U.S. Department of Labor, 101 F.3d 1111 (6th Cir. 1996).) The Department is proposing technical clarifications of Davis-Bacon coverage based on the site of the work definition as a result of these court decisions and to address some situations not contemplated when the existing regulations were issued.
| Action | Date | FR Cite |
| NPRM | 09/21/00 | 65 FR 57270 |
| NPRM Comment Period End | 10/23/00 | |
| Final Rule | 12/20/00 | 65 FR 80268 |
| Final Rule Effective | 01/19/01 |
Regulatory Flexibility Analysis Required:
No
Government Levels Affected: