Unified Agenda

DEPARTMENT OF LABOR (DOL)

DEPARTMENT OF LABOR

Office of the Secretary

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

Semiannual Agenda of Regulations

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 Department's agencies have carefully assessed their available resources and what they can accomplish in the next twelve months and have adjusted their agendas accordingly.

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 2002 and April 2003 as well as those completed during the past six months.

FOR FURTHER INFORMATION CONTACT:

Barbara Bingham, Acting Director for the Office of Regulatory Policy, 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.

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 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).

The Regulatory Flexibility Act (under section 610) also requires agencies to periodically review rules "which have or will have a significant economic impact upon a substantial number of small entities" and to annually publish a list of the rules that will be reviewed during the succeeding 12 months. The purpose of the review is to determine whether the rule should be continued without change, amended, or rescinded.

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
1548 Production or Disclosure of Information or Materials1290-AA17

Employment Standards Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1549 Defining and Delimiting the Term "Any Employee Employed in a Bona Fide Executive, Administrative, or Professional Capacity" (ESA/W-H)1215-AA14
1550 Regulations To Implement the Federal Acquisition Streamlining Act of 19941215-AA96
1551 Implementation of the 1996 Amendments to the Fair Labor Standards Act1215-AB13
1552 Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors for Special Disabled Veterans and Veterans of the Vietnam Era1215-AB24
1553 Stock Options, Stock Appreciation Rights, and Bona Fide Employee Stock Purchase Programs Under the Fair Labor Standards Act1215-AB31

Employment Standards Administration—Final Rule Stage
Sequence Number Title Regulation Identification Number
1554 Child Labor Regulations, Orders, and Statements of Interpretation (ESA/W-H)1215-AA09
1555 Government Contractors: Nondiscrimination and Affirmative Action Obligations, Executive Order 11246 (ESA/OFCCP) (Revised)1215-AB28
1556 Claims for Compensation Under the Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended1215-AB32

Employment Standards Administration—Long-Term Actions
Sequence Number Title Regulation Identification Number
1557 Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models1215-AB09
1558 Obligation of Federal Contractors and Subcontractors, Notice of Employee Rights Concerning Payment of Union Dues or Fees1215-AB33

Employment Standards Administration—Completed Actions
Sequence Number Title Regulation Identification Number
1559 Application of the Fair Labor Standards Act to Domestic Service1215-AA82
1560 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 Inflation1215-AB20

Employment and Training Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1561 Labor Certification Process for the Permanent Employment of Aliens in the United States1205-AA66
1562 Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure of Information in State UC Records1205-AB18
1563 Senior Community Service Employment Program1205-AB28

Employment and Training Administration—Final Rule Stage
Sequence Number Title Regulation Identification Number
1564 Indian and Native American Welfare-to-Work Program1205-AB16
1565 Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the United States; Modification of Fee Structure1205-AB24
1566 Labor Certification and Petition Process for the Temporary Employment of Nonimmigrant Aliens in Agriculture in the U.S.: Delegation of Authority to Adjudication Petitions; Deferral of Effective Date1205-AB30
1567 Disaster Unemployment Assistance Program Amendment1205-AB31

Employment and Training Administration—Long-Term Actions
Sequence Number Title Regulation Identification Number
1568 Federal-State Unemployment Compensation Program; Unemployment Insurance Performance System1205-AB10
1569 Attestations by Facilities Temporarily Employing H-1C Nonimmigrant Aliens as Registered Nurses1205-AB27

Employment and Training Administration—Completed Actions
Sequence Number Title Regulation Identification Number
1570 Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas; Implementation of Electronic Filing1205-AB29

Pension and Welfare Benefits Administration—Prerule Stage
Sequence Number Title Regulation Identification Number
1571 Bonding Rules Under the Employee Retirement Income Security Act of 1974 (Section 610 Review)1210-AA82
1572 Requests for Enforcement Pursuant to Section 502(b)(2) (Section 610 Review)1210-AA83
1573 Civil Penalties Under ERISA Section 502(c)(2) (Section 610 Review)1210-AA84
1574 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
1575 Adequate Consideration1210-AA15
1576 Rulemaking Relating to Notice Requirements for Continuation of Health Care Coverage1210-AA60
1577 Regulation Exempting Certain Broker-Dealers and Investment Advisers From Bonding Requirements1210-AA80

Pension and Welfare Benefits Administration—Final Rule Stage
Sequence Number Title Regulation Identification Number
1578 Definition of Collective Bargaining Agreement (ERISA Section 3(40))1210-AA48
1579 Regulations Implementing the Health Care Access, Portability and Renewability Provisions of the Health Insurance Portability and Accountability Act of 19961210-AA54
1580 Mental Health Benefits Parity1210-AA62
1581 Health Care Standards for Mothers and Newborns1210-AA63
1582 Reporting Requirements for MEWAs Providing Medical Care Benefits1210-AA64
1583 Rulemaking Relating to the Women's Health and Cancer Rights Act of 19981210-AA75
1584 Prohibiting Discrimination Against Participants and Beneficiaries Based on Health Status1210-AA77

Pension and Welfare Benefits Administration—Completed Actions
Sequence Number Title Regulation Identification Number
1585 Civil Penalties Under ERISA Section 502(1)1210-AA37
1586 Elimination of Filing Requirements for Summary Plan Descriptions1210-AA66
1587 Requirement To Furnish Plan Documents Upon Request by the Secretary of Labor1210-AA67
1588 Civil Penalty for Failure To Furnish Certain Plan Documents1210-AA68
1589 Electronic Disclosure of Employee Benefit Plan Information1210-AA71
1590 Voluntary Fiduciary Correction Program (VFC Program)1210-AA76
1591 Delinquent Filer Voluntary Compliance Program (DFVC Program)1210-AA86

Mine Safety and Health Administration—Prerule Stage
Sequence Number Title Regulation Identification Number
1592 Occupational Exposure to Coal Mine Dust (Lowering Concentration Limit)1219-AB08
1593 Asbestos Exposure Limit1219-AB24

Mine Safety and Health Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1594 Belt Entry Use as Intake Aircourse To Ventilate Working Sections1219-AA76
1595 Independent Laboratory Testing1219-AA87
1596 Improving and Eliminating Regulations1219-AA98
1597 Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust1219-AB14
1598 Mine Rescue Teams1219-AB20

Mine Safety and Health Administration—Final Rule Stage
Sequence Number Title Regulation Identification Number
1599 Hazard Communication1219-AA47
1600 Air Quality, Chemical Substances, and Respiratory Protection Standards1219-AA48
1601 Requirements for Approval of Flame-Resistant Conveyor Belts1219-AA92
1602 Determination of Concentration of Respirable Coal Mine Dust1219-AB18

Mine Safety and Health Administration—Completed Actions
Sequence Number Title Regulation Identification Number
1603 Electric Motor-Driven Mine Equipment and Accessories and High-Voltage Longwall Equipment Standards for Underground Coal Mines1219-AA75
1604 Diesel Particulate Exposure of Underground Metal and Nonmetal Miners1219-AB28

Office of the Assistant Secretary for Administration and Management—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1605 Nondiscrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance From the Department of Labor1291-AA21

Office of the Assistant Secretary for Administration and Management—Final Rule Stage
Sequence Number Title Regulation Identification Number
1606 Audits of States, Local Governments, and Nonprofit Organizations1291-AA26
1607 Audit Requirements for Grants, Contracts, and Other Agreements1291-AA27
1608 Implementation of the Nondiscrimination and Equal Opportunity Requirements of the Workforce Investment Act of 19981291-AA29
1609 Effectuation of Title VI of the Civil Rights Act of 1964 and Implementation of Section 504 of the Rehabilitation Act of 19731291-AA31
1610 Department of Labor Acquisition Regulations1291-AA34

Office of the Assistant Secretary for Administration and Management—Long-Term Actions
Sequence Number Title Regulation Identification Number
1611 Grants and Agreements1291-AA30
1612 Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants) 29 CFR 981291-AA33

Office of the Assistant Secretary for Administration and Management—Completed Actions
Sequence Number Title Regulation Identification Number
1613 Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting From Federal Financial Assistance1291-AA28

Occupational Safety and Health Administration—Prerule Stage
Sequence Number Title Regulation Identification Number
1614 Occupational Exposure to Hexavalent Chromium (Preventing Occupational Illness: Chromium)1218-AB45
1615 Confined Spaces in Construction (Part 1926): Preventing Suffocation/Explosions in Confined Spaces1218-AB47
1616 Occupational Exposure to Ethylene Oxide (Section 610 Review)1218-AB60
1617 Fall Protection in the Construction Industry1218-AB62
1618 Occupational Exposure to Crystalline Silica1218-AB70
1619 Grain Handling Facilities (Section 610 Review)1218-AB73
1620 Occupational Exposure to Beryllium1218-AB76
1621 Hearing Loss Prevention in Construction Workers1218-AB89
1622 Excavations (Section 610 Review)1218-AC02
1623 Presence Sensing Device Initiation of Mechanical Power Presses (Section 610 Review)1218-AC03
1624 Controlled Negative Pressure Fit Testing Protocol: Amendment to the Final Rule on Respiratory Protection1218-AC05

Occupational Safety and Health Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1625 Assigned Protection Factors: Amendments to the Final Rule on Respiratory Protection1218-AA05
1626 Longshoring and Marine Terminals (Parts 1917 and 1918) — Reopening of the Record (Vertical Tandem Lifts (VTLs))1218-AA56
1627 Glycol Ethers: 2-Methoxyethanol, 2-Ethoxyethanol, and Their Acetates: Protecting Reproductive Health1218-AA84
1628 Injury and Illness Prevention1218-AB41
1629 Occupational Exposure to Tuberculosis1218-AB46
1630 General Working Conditions for Shipyard Employment1218-AB50
1631 Fire Protection in Shipyard Employment (Part 1915, Subpart P) (Shipyards: Fire Safety)1218-AB51
1632 Electric Power Transmission and Distribution; Electrical Protective Equipment in the Construction Industry1218-AB67
1633 Employer Payment for Personal Protective Equipment1218-AB77
1634 Walking Working Surfaces and Personal Fall Protection Systems (1910) (Slips, Trips and Fall Prevention)1218-AB80
1635 Standards Improvement (Miscellaneous Changes) for General Industry, Marine Terminals, and Construction Standards (Phase II)1218-AB81
1636 Commercial Diving Operations: Revision1218-AB97
1637 Cranes, Derricks, Hoists, Elevators, and Conveyors1218-AC01

Occupational Safety and Health Administration—Final Rule Stage
Sequence Number Title Regulation Identification Number
1638 Access and Egress in Shipyards (Part 1915, Subpart E) (Shipyards: Emergency Exits and Aisles)1218-AA70
1639 Update and Revision of the Exit Routes Standard1218-AB82
1640 Signs, Signals, and Barricades1218-AB88
1641 Changes to State Plans1218-AB91
1642 Revision and Update of Subpart S—Electrical Standards1218-AB95
1643 Procedures for Handling of Discrimination Complaints Under the Aviation Investment and Reform Act1218-AB99
1644 Occupational Injury and Illness Recording and Reporting Requirements1218-AC06

Occupational Safety and Health Administration—Long-Term Actions
Sequence Number Title Regulation Identification Number
1645 Accreditation of Training Programs for Hazardous Waste Operations (Part 1910)1218-AB27

Occupational Safety and Health Administration—Completed Actions
Sequence Number Title Regulation Identification Number
1646 Scaffolds in Shipyards (Part 1915 — Subpart N)1218-AA68
1647 Indoor Air Quality in the Workplace1218-AB37
1648 Advisory Committees1218-AC04

Office of the Assistant Secretary for Veterans' Employment & Training—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1649 Annual Report for Federal Contractors (2002 Revisions)1293-AA08

Office of the Assistant Secretary for Veterans' Employment & Training—Final Rule Stage
Sequence Number Title Regulation Identification Number
1650 Annual Report from Federal Contractors1293-AA07

Department of Labor (DOL)

Proposed Rule Stage

Office of the Secretary (OS)

1548. 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.

Timetable:
Action Date FR Cite
NPRM 11/00/02

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

Department of Labor (DOL)

Proposed Rule Stage

Employment Standards Administration (ESA)

1549. 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 19 to 26 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.

Timetable:
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 01/00/03

Regulatory Flexibility Analysis Required:

Yes

Small Entities Affected:

Businesses, Governmental Jurisdictions, Organizations

Government Levels Affected:

State, Local, Federal

Federalism:

This action may have federalism implications as defined in EO 13132.

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AA14

1550. REGULATIONS TO IMPLEMENT THE FEDERAL ACQUISITION STREAMLINING ACT OF 1994

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 50-201; 41 CFR 50-206

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).

Timetable:
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 08/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

State, Local, Federal

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AA96

1551. 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.

Timetable:
Action Date FR Cite
NPRM 12/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

State, Local, Federal

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AB13

1552. 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 increases the current threshold for coverage from $10,000 to $25,000. The Act and VBHCIA of 2000 expand the scope of protection under VEVRAA to include recently separated veterans and 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.

Timetable:
Action Date FR Cite
NPRM 12/00/02

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

1553. 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.

Timetable:
Action Date FR Cite
NPRM 09/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

Businesses, Organizations

Government Levels Affected:

None

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AB31

Department of Labor (DOL)

Final Rule Stage

Employment Standards Administration (ESA)

1554. 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 are 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 are 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 was 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 are 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.

Timetable:
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 12/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AA09

1555. 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 60-250.60(a)(3) of the regulations implementing the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). Lastly, OFCCP proposes to conform regulations implementing section 503 of the Rehabilitation Act of 1973, as amended, 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.

Timetable:
Action Date FR Cite
NPRM 10/12/00 65 FR 60815
NPRM Comment Period End 12/11/00
Final Rule 12/00/02

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

1556. CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED

Agency:

Department of Labor (DOL)/Employment Standards Administration (ESA)

Priority:

Economically Significant. Major under 5 USC 801.

Legal Authority:

42 USC 7384 et seq; 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 were to be promulgated by 5/31/2001.

Abstract:

The Department of Labor has issued regulations for its administration of the provisions of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended. These regulations 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.

Timetable:
Action Date FR Cite
Interim Final Rule 05/25/01 66 FR 28948
Interim Final Rule Effective 07/24/01
Interim Final Rule Comment Period End 09/24/01 66 FR 47382
Final Action 09/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Peter M. Turcic, Director, Division of Energy Employees Occupational Illness Compensation, OWCP, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Washington, DC 20210
Phone: 202 693-0081
Fax: 202 693-1465
Email: eeoicpa-mail@fenix2.dol-esa.gov

RIN:

1215-AB32

Department of Labor (DOL)

Long-Term Actions

Employment Standards Administration (ESA)

1557. 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:

Other Significant

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; PL 105-277

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 655, subparts H and I

Legal Deadline:

None

Abstract:

The H-1B visa program of the Immigration and Nationality Act allows employers to temporarily employ nonimmigrants admitted into the United States under the H-1B visa category in specialty occupations and as fashion models, under specified labor conditions. An employer must file a labor condition application with the Department of Labor before the Immigration and Naturalization Service may approve a petition to employ a foreign worker on an H-1B visa. The Department's Employment and Training Administration administers the labor condition application process; the Wage and Hour Division of the Department's Employment Standards Administration handles complaints and investigations regarding labor condition applications. The Department published a proposed rule on January 5, 1999, in response to statutory changes in the H-1B program made by the American Competitiveness and Workforce Improvement Act of 1998 (Title IV, Pub. L. 105-277; Oct. 21, 1998). Those changes placed additional obligations on "H-1B-dependent" employers (generally, those with work forces comprised of more than 15 percent H-1B workers) and on willful violators. These employers must recruit for U.S. workers, hire U.S. workers who are at least as qualified as H-1B workers, and not displace U.S. workers by hiring H-1B workers or placing them at another employer's job site. The 1998 amendments also imposed additional obligations on all H-1B employers, such as offering benefits to H-1B workers on the same basis and according to the same criteria as offered to U.S. workers, and payment to H-1B workers during periods they are not working for an employment-related reason. The 1999 proposed rule also requested further public comment on earlier proposed provisions published in October 1995, and on particular interpretations of the statute and of the existing regulations which the Department proposed to incorporate into the regulations. Since publishing the proposed rule, Congress enacted further amendments to the H-1B provisions under the American Competitiveness in the Twenty-First Century Act of 2000 (Pub. L. 106-313; Oct. 17, 2000), the Immigration and Nationality Act - Amendments (Pub. L. 106-311; Oct. 17, 2000), and section 401 of the Visa Waiver Permanent Program Act (Pub. L. 106-396; Oct. 30, 2000). On December 20, 2000, the Department published an Interim Final Rule to implement the recent amendments and clarify the existing rules, and requested further public comment on those provisions.

Statement of Need:

Statutory amendments to the Immigration and Nationality Act relating to the H-1B visa program were enacted in 1998 and again in 2000. Under the H-1B visa program, employers may temporarily employ nonimmigrants admitted into the U.S. under H-1B visas in specialty occupations and as fashion models, provided certain conditions are met. Section 412(d) of the American Competitiveness and Workforce Improvement Act of 1998 (Title IV of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Public Law 105-277), provides that some of the amendments made by the 1998 legislation (those relating to "H-1B-dependent" employers and willful violators) do not take effect until the Department of Labor issues implementing regulations, which are the subject of this rulemaking.

Summary of Legal Basis:

This rule is issued pursuant to provisions of the Immigration and Nationality Act, as amended, and the American Competitiveness and Workforce Improvement Act of 1998, 8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n), and 1184; sec. 303(a)(8), Pub. L. 102-232 (8 U.S.C. 1182 note); and secs. 412(d) and (e), Pub. L. 105-277. The objectives of the rule are to enable employers to understand and comply with applicable requirements of the amended H-1B visa program, and to advise employees and applicants for employment of the protections afforded by the amendments to U.S. and H-1B workers.

Alternatives:

Various regulatory alternatives were considered during the notice-and-comment period for implementing the statutory provisions, as discussed in the preamble to the December 2000 interim final rule. Alternatives considered included, among others, various approaches to the manner and timing for determining H-1B dependency status (and the meaning of "full-time equivalent employees" (FTEs) in the employer's work force), documentation of the dependency determination and designation of such status on the Labor Condition Application, and implementing the requirements for no "displacement" and recruitment of U.S. workers, payment of required wages and benefits to H-1B and U.S. workers, and determining short-term placement options.

Anticipated Cost and Benefits:

The Department concluded that the anticipated costs and benefits of this rule were not economically significant. This conclusion was based on the analysis that the direct, incremental costs that employers would incur because of the rule that were above customary business expenses associated with recruiting qualified job applicants and retaining qualified employees in specialized jobs would not exceed $100 million per year or otherwise trigger "economic significance" under Executive Order 12866. However, because of the importance of the rule to the public, it was treated as a significant regulatory action and was, therefore, reviewed by the Office of Management and Budget under Executive Order 12866.

Risks:

This action does not directly affect public health, safety, or the environment.

Timetable:
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 04/00/03

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AB09

1558. 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.)

29 CFR 470

Legal Deadline:

None

Abstract:

On January 2, 2002, the Federal District Court for the District of Columbia issued a decision in UAW-Labor Employment & Training Corp v. Chao, holding the Executive Order 13201 is invalid because it conflicts with the National Labor Relations Act. The court permanently enjoined the Department of Labor from implementing and enforcing Executive Order 13201. The Department is considering options for responding to the decision.
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 their 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.

Statement of Need:

The regulation is necessary in order to implement Executive Order 13201.

Summary of Legal Basis:

The legal basis for this regulation is section 1(b) of Executive Order 13201. The legal basis for the Executive Order is the Constitution and laws of the United States, including the Federal Property and Administrative Services Act, 40 U.S.C. 471 et seq.
As noted above, on January 2, 2002, the Federal District Court for the District of Columbia issued a decision holding that Executive Order 13201 is invalid and the Department is considering options for responding to that decision.

Alternatives:

There is no feasible alternative to issuing regulations. Regulations are needed in order to implement Executive Order 13201 by (1) clarifying the obligations of Federal contractors and subcontractors, (2) providing exemptions as authorized by the Executive order, and (3) establishing enforcement mechanisms as authorized by the Executive order. Alternatives to the specific provisions of the proposed rule suggested in comments by the public will be considered in developing the final rule.

Anticipated Cost and Benefits:

The only costs that Federal contractors will incur are for (1) posting the notice and (2) applying for waivers from the posting requirement. These will be minimal since (1) under the proposed regulation, the Department will supply the posters, and (2) the Department's experience under similar posting requirements is that few contractors request waivers. The benefits of the Executive order and the implementing regulation are the promotion of economy and efficiency in Government procurement by having workers who are informed of their rights regarding union membership and the use of union dues and fees.

Risks:

This action does not affect public health, safety, or the environment.

Timetable:
Action Date FR Cite
Interim Procedural Rule 04/18/01 66 FR 19988
NPRM 10/01/01 66 FR 50010
NPRM Comment Period End 11/30/01
Final Rule To Be Determined

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Federal

Agency Contact:

Don Todd, Deputy Assistant Secretary, Department of Labor, Employment Standards Administration, 200 Constitution Avenue NW., FP Building, Room N5605, Washington, DC 20210
Phone: 202 693-0122
Fax: 202 693-1340

RIN:

1215-AB33

Department of Labor (DOL)

Completed Actions

Employment Standards Administration (ESA)

1559. 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).

Timetable:
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
Withdrawn 04/08/02 67 FR 17760

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

State, Local, Federal

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AA82

1560. 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. The final rule was published 12/07/2001, 66 FR 63501, effective 01/07/2002.

Timetable:
Action Date FR Cite
NPRM 12/28/98 63 FR 71405
NPRM Comment Period End 01/27/99
Final Action 12/07/01 66 FR 63501
Final Action Effective 01/07/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

State, Local, Tribal, Federal

Agency Contact:

Tammy D. McCutchen, Administrator, Wage and Hour Division, Department of Labor, Employment Standards Administration, 200 Constitution Avenue, NW, FP Building, Room S3502, Washington, DC 20210
Phone: 202 693-0051
Fax: 202 693-1432

RIN:

1215-AB20

Department of Labor (DOL)

Proposed Rule Stage

Employment and Training Administration (ETA)

1561. LABOR CERTIFICATION PROCESS FOR THE PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1182(a)(5)(A), 1189(p)(1); 29 USC 49 et seq

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 656

Legal Deadline:

None

Abstract:

The Employment and Training Administration (ETA) is in the process of reengineering the permanent labor certification process. ETA's goals are to make fundamental changes and refinements that will: streamline the process, save resources, improve the effectiveness of the program and better serve the Department of Labor's (DOL) customer.

Statement of Need:

The labor certification process has been described as being complicated, costly and time consuming. Due to the increases in the volume of applications received and a lack of adequate resources, it can take up to 2 years or more to complete processing an application. The process also requires substantial State and Federal resources to administer and is reportedly costly and burdensome to employers as well. Cuts in Federal funding for both the permanent labor certification program and the U.S. Employment Service have made it difficult for State and Federal administrators to keep up with the process. ETA, therefore, is taking steps to improve effectiveness of the various regulatory requirements and the application processing procedures, with a view to achieving savings in resources both for the government and employers, without diminishing protections now afforded U.S. workers by the current regulatory and administrative requirements.

Summary of Legal Basis:

Promulgation of these regulations is authorized by section 212(a)(5)(A) of the Immigration and Nationality Act.

Alternatives:

Regulatory alternatives are now being developed by the Department. The public will be afforded an opportunity to comment on the Department's plans for streamlining the permanent labor certification process in a notice of proposed rulemaking which will be published in the Federal Register.

Anticipated Cost and Benefits:

Preliminary estimates of the anticipated costs and benefits have not been determined at this time. Preliminary estimates will be developed after a decision is made as to what regulatory amendments are necessary and after the implementing forms and automated systems to support a streamlined permanent labor certification process have been developed.

Risks:

Possible alternative: This action does not affect public health, safety, or the environment.

Timetable:
Action Date FR Cite
NPRM 05/00/02
Final Rule 08/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

State, Federal

Agency Contact:

Dale Ziegler, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318, FP Building, Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2760
Email: dziegler@doleta.gov

RIN:

1205-AA66

1562. FEDERAL-STATE UNEMPLOYMENT COMPENSATION (UC) PROGRAM; CONFIDENTIALITY AND DISCLOSURE OF INFORMATION IN STATE UC RECORDS

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 1302 (a); 42 USC 503; 42 USC 1320b-7; 26 USC ch 23; Secretary's Orders 4-75 and 14-75

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 603

Legal Deadline:

None

Abstract:

The Employment and Training Administration of the Department of Labor is preparing to issue a notice of proposed rulemaking (NPRM) on confidentiality and disclosure of information in State records collected, created, or maintained for purposes of the Federal-State UC program. The NPRM would modify and expand the regulations implementing the Income and Eligibility Verification System (IEVS) to include the statutory requirements in title III of the Social Security Act, the Federal Unemployment Tax Act, and the Wagner-Peyser Act concerning confidentiality and disclosure of information in State UC records. The use of unemployment compensation wage records under these and other statutes has increased in recent years while privacy and confidentiality issues have not yet been addressed.

Timetable:
Action Date FR Cite
NPRM 12/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

State

Additional Information:

Formerly RIN 1205-AA74; was taken off regulatory agenda in 1994 due to inactivity. An NPRM was published 3/23/92 at 57 FR 10063 with comment period ending 5/22/92.

Agency Contact:

Gerard Hildebrand, Chief, Division of Legislation, Department of Labor, Employment and Training Administration, Room C4512, 200 Constitution Avenue NW, FB Building, Washington, DC 20210
Phone: 202 693-3038
Email: ghildebrand@doleta.gov

RIN:

1205-AB18

1563. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Legal Authority:

42 USC 3056(b)(2)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 641

Legal Deadline:

None

Abstract:

The Employment and Training Administration will implement new regulations to govern the Senior Community Service Employment Program (SCSEP) under title V of the Older Americans Act Amendments of 2000. SCSEP is the only Federally sponsored job creation program targeted to low-income older Americans. The program subsidizes part-time community service jobs for low-income persons age 55 years and older who have poor employment prospects. Approximately 100,000 program enrollees annually work in a wide variety of community service jobs, including nurse's aides, teacher aides, librarians, clerical workers and day care assistants. The Department of Labor allocates funds to operate the program to State agencies on aging and to national organizations.
Proposed regulations will improve integration of SCSEP with the broader workforce investment system.

Statement of Need:

As the baby boom generation ages, the demand for employment and training services and income support for low-income older persons will increase. Low-income seniors generally must continue working and many may not be able to find employment without work experience and additional training. The basic goals of the SCSEP are to provide community service employment for older workers with few skills and little work experience, and to move many of those seniors into unsubsidized employment. The Employment and Training Administration will issue regulations and other guidance, provide technical assistance, and establish performance standards that will drive State and national grantees' efforts towards the program's goals.

Summary of Legal Basis:

Promulgation of these regulations is authorized by section 502(b)(2) of Pub. L. 106-501 of the Older Americans Act Amendments of 2000.

Alternatives:

The public provided comments on changes to the statute due to the Older Americans Act Amendments of 2000 during Town Hall meetings held throughout the country in spring 2001. The public also will be afforded an opportunity to comment on the Department's plans for implementing the Amendments in a notice of proposed rulemaking that will be published in the Federal Register.

Anticipated Cost and Benefits:

Preliminary estimates of the anticipated costs of this regulatory action have not been determined at this time and will be determined at a later date.

Risks:

This action does not affect public health, safety, or the environment.

Timetable:
Action Date FR Cite
NPRM 08/00/02
Final Action 01/00/03

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

State, Local, Tribal, Federal

Federalism:

Undetermined

Agency Contact:

Erich W. Larisch, Chief, Divison of Older Worker Programs, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW, FP Building, Room N4645, Washington, DC 20210
Phone: 202 693-3742
Fax: 202 693-3817
Email: larische@doleta.gov

RIN:

1205-AB28

Department of Labor (DOL)

Final Rule Stage

Employment and Training Administration (ETA)

1564. INDIAN AND NATIVE AMERICAN WELFARE-TO-WORK PROGRAM

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Substantive, Nonsignificant

Legal Authority:

42 USC 612(a)(3)(c)(iii); PL 106-113, Division B, section 1000(a)(4)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 646

Legal Deadline:

Final, Statutory, November 4, 1997, 90 days from enactment. Citation mandates Secretary to prescribe regulations within 90 days of enactment, to publish interim final rule by 10/31/98.
Other, Statutory, January 1, 2000, for 1999 amendments.

Abstract:

These are program regulations needed to implement the Indian and Native American set-aside under the Welfare-to-Work program authorized by section 412(a)(3) of the Social Security Act. New interim final regulations are being issued to implement changes made by the Welfare-to-Work and Child Support Amendments of 1999 and other legislation. The Consolidated Appropriations Act of 2001 authorized the Department to extend welfare-to-work grants an additional two years. Therefore, the grants may operate until September 2004.
The Department received 14 comments on the March 1, 1998 interim final rule, and none would substantively change the regulations. The Department will provide guidance in response to those comments. The March 1, 1998 Interim Final Rule will be adopted as the final rule, subject to the changes made by the new interim final rule implementing the 1999 amendments.

Timetable:
Action Date FR Cite
Interim Final Rule 04/01/98 63 FR 15985
Interim Final Rule Effective 04/01/98
Interim Final Rule Comment Period End 06/01/98
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

Tribal

Additional Information:

Congress has changed eligibility criteria. A final rule will be published to conform with the State programs.

Agency Contact:

Gregory Gross, Department of Labor, Employment and Training Administration, Room N4641, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3752
Email: ggross@doleta.gov

RIN:

1205-AB16

1565. LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE UNITED STATES; MODIFICATION OF FEE STRUCTURE

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1101(a)(15)(h)(ii)(a); 8 USC 1184; 8 USC 1188; 29 USC 49 et seq

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

8 CFR 655

Legal Deadline:

None

Abstract:

The Employment and Training Administration (ETA) of the Department of Labor (Department or DOL) proposes to amend its regulations relating to the temporary employment of nonimmigrant agricultural workers (H-2A workers) in the United States. The proposed amendments would require employers to submit fees for labor certification and the associated H-2A petitions with consolidated application form at the time of filing. The proposal also would modify the fee structure for labor certification. If the application is denied, both fees will be refunded to the employer. It is conceivable in rare instances that the statutory and regulatory standards for issuance of the certification will be met, but those applicable to the petition will not be met. In such occurrence, neither fee will be refunded because the certification fee is an issuance, while the petition fee is a processing fee.
The Department published a Notice of Proposed Rulemaking (NPRM) at 65 FR 43545 (July 13, 2000). Because of the continuing interest in the proposal, the Department published at 65 FR 50170 (August 17, 2000) a proposed rule reopening and extending the comment period on the July 13, 2000, NPRM. The comments received as a result of this reopening and extension of the comment period did not provide sufficient information to permit the Department to draft a final rule concerning a number of issues raised by commenters.

Timetable:
Action Date FR Cite
NPRM 07/13/00 65 FR 43545
NPRM Comment Period Reopened and Extended 09/18/00 65 FR 50170
NPRM Comment Period Reopened and Extended to 10/29/2001 09/27/01 66 FR 49328
Final Action 09/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Dale Ziegler, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318, FP Building, Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2760
Email: dziegler@doleta.gov

RIN:

1205-AB24

1566. LABOR CERTIFICATION AND PETITION PROCESS FOR THE TEMPORARY EMPLOYMENT OF NONIMMIGRANT ALIENS IN AGRICULTURE IN THE U.S.: DELEGATION OF AUTHORITY TO ADJUDICATION PETITIONS; DEFERRAL OF EFFECTIVE DATE

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates:

Undetermined

Legal Authority:

8 USC 1101(a)(15)(H)(ii)(a); 8 USC 1184; 8 USC 1188; 29 USC 49 et seq; 8 CFR 103.1(f)(iii)(j); 8 CFR 103.1(f)(iii)(w); 8 CFR 214.2(h)(5); 8 CFR 214.2(h)(11); 8 CFR 214.2(h)(12)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 655, subpart B

Legal Deadline:

None

Abstract:

The Department of Labor (DOL or Department) published a final rule in this rulemaking in the Federal Register at 65 FR 43538 (July 13, 2000), with an effective date of November 13, 2000, implementing a delegation of authority from the INS to the Department of adjudicate petitions for the temporary employment of nonimmigrant aliens in agriculture in the United States. Concurrently, the INS published a final rule at 65 FR 43528 (July 13, 2000) with an effective date of November 13, 2000, transferring to the Secretary of Labor the authority to adjudicate petitions for temporary agricultural workers and the authority to decide appeals on these decisions and to make determinations for revocation of petition approvals.
Subsequently, the INS at 65 FR 67616 (November 13, 2000) published a final rule and DOL at 65 FR 67628 (November 13, 2000) published an interim final rule (IFR) deferring the effective dates of their final rules. The Department in its IFR invited comments on the deferral of the effective date. No comments were received by DOL on the deferral of the effective date.
The Department also reopened and extended the comment period at 65 FR 50170 (August 17, 2000) on a companion notice of proposed rulemaking (NPRM) published at 65 FR 43545 (July 13, 2000) and again at 66 FR 9382 (September 27, 2001) setting forth implementation measures necessary to the successful implementation of the delegation of authority to adjudicate petitions.
Finalizing the proposed rule is essential to the effective implementation of any delegation of authority to DOL to adjudicate petitions for temporary employment of nonimmigrant aliens in the United States. Therefore, the Department has determined to defer the effective date of the July 13, 2000, final rule until September 27, 2002, which should be sufficient time to complete the rulemaking on the companion NPRM.

Timetable:
Action Date FR Cite
Interim Final Rule 09/27/01 66 FR 49275
Interim Final Rule Comment Period End 10/29/01
Interim Final Rule Effective 09/27/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Dale Ziegler, Chief, Division of Foreign Labor Certification, Department of Labor, Employment and Training Administration, 200 Constitution Avenue NW., Room C4318, FP Building, Washington, DC 20210
Phone: 202 693-2942
Fax: 202 693-2760
Email: dziegler@doleta.gov

RIN:

1205-AB30

1567. DISASTER UNEMPLOYMENT ASSISTANCE PROGRAM AMENDMENT

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 1302; 42 USC 5177; EO 12673

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 625.5

Legal Deadline:

None

Abstract:

This new rule on the Disaster Unemployment Assistance Program will only address one aspect of part 625; it adds a definition of "unemployment is a direct result of the major disaster." ETA had not defined this term in its previous rule. The purpose of the new definition is to clarify eligibility for disaster unemployment assistance in the wake of the major disasters as a result of the terrorist attacks of September 11, 2001.

Timetable:
Action Date FR Cite
Interim Final Rule 11/13/01 66 FR 56959
Interim Final Rule Effective 11/13/01
Interim Final Rule Comment Period End 12/13/01
Final Rule 09/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

State, Federal

Agency Contact:

Betty E. Castillo, Chief, Division of Unemployment Insurance Operations, Department of Labor, Employment and Training Administration, Room S4231, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-3032

RIN:

1205-AB31

Department of Labor (DOL)

Long-Term Actions

Employment and Training Administration (ETA)

1568. FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM; UNEMPLOYMENT INSURANCE PERFORMANCE SYSTEM

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

42 USC 501 to 504; 42 USC 1302(a); 26 USC 3301 to 3311; 5 USC 8501 to 8508; 5 USC 8521 to 8525; 42 USC 5177 to 5189a; 19 USC 2271 to 2322; 40 FR 18515

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 602; 20 CFR 640; 20 CFR 650; 20 CFR 609.6(f); 20 CFR 614.6(f); 20 CFR 614.7(c); 20 CFR 609.7(c); 20 CFR 617.51(b)

Legal Deadline:

None

Abstract:

This regulation will formally establish a comprehensive system for helping ensure continuous improvement in UI operational performance. It will enunciate as the system's building blocks principles for Federal and State cooperation, key nationwide performance measures, criteria distinguishing satisfactory from unsatisfactory performance, an annual planning process, and actions which the Department may take when a State fails to perform satisfactorily.
The UI PERFORMS Regulation is consistent with the Administration's and the Secretary's emphasis on improved grants management. It is needed now to help complete the development and implementation of the UI PERFORMS system and will replace other regulations, two of which establish Secretary's Standards for first payment and lower appeals timeliness. Until those regulations have been replaced the related UI PERFORMS measures and criteria cannot be put in place. It will also establish a definitive framework for enforcing, if necessary, the elements and performance standards established as parts of the UI PERFORMS system. Until the regulation is in place, UI PERFORMS will remain incomplete.

Timetable:
Action Date FR Cite
ANPRM 01/16/97 62 FR 2543
ANPRM Comment Period End 03/17/97
NPRM To Be Determined

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

State

Federalism:

Undetermined

Agency Contact:

Gerard Hildebrand, Chief, Division of Legislation, Department of Labor, Employment and Training Administration, Room C4512, 200 Constitution Avenue NW, FB Building, Washington, DC 20210
Phone: 202 693-3038
Email: ghildebrand@doleta.gov

RIN:

1205-AB10

1569. ATTESTATIONS BY FACILITIES TEMPORARILY EMPLOYING H-1C NONIMMIGRANT ALIENS AS REGISTERED NURSES

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1101(a)(15)(H)(i)(c); 8 USC 1182(m); 8 USC 1184; 29 USC 49 et seq; PL 106-95, 113 Stat. 1312

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

20 CFR 655, subparts L and M

Legal Deadline:

Final, Statutory, February 11, 2000.
Final or Interim Final regulations required within 90 days of enactment.

Abstract:

The Nursing Relief for Disadvantaged Areas Act of 1999 (P.L. 106-95; November 12, 1999) amended the Immigration and Nationality Act to create a new temporary visa program for nonimmigrant aliens to work as registered nurses for up to three years in facilities serving health professional shortage areas, subject to certain conditions.

Timetable:
Action Date FR Cite
Interim Final Rule 08/22/00 65 FR 51137
Interim Final Rule Comment Period End 09/21/00
Interim Final Rule Effective 09/21/00
Final Action To Be Determined

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

State, Local, Federal

Agency Contact:

Michael Ginley, Director, Office of Enforcement Policy, Wage and Hour Division, Department of Labor, Employment Standards Administration, Room N3510, 200 Constitution Avenue NW, FP Building, Washington, DC 20210
Phone: 202 693-0745

RIN:

1205-AB27

Department of Labor (DOL)

Completed Actions

Employment and Training Administration (ETA)

1570. LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B VISAS; IMPLEMENTATION OF ELECTRONIC FILING

Agency:

Department of Labor (DOL)/Employment and Training Administration (ETA)

Priority:

Other Significant

Legal Authority:

8 USC 1101(a)(15)(h)(i)(b);