80_FR_55206 80 FR 55029 - Application of the Fair Labor Standards Act to Domestic Service; Announcement of 30-Day Period of Non-Enforcement

80 FR 55029 - Application of the Fair Labor Standards Act to Domestic Service; Announcement of 30-Day Period of Non-Enforcement

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 80, Issue 177 (September 14, 2015)

Page Range55029-55030
FR Document2015-23092

The Department of Labor's (Department) Final Rule amending regulations regarding domestic service employment, which extends Fair Labor Standards Act (FLSA) protections to most home care workers, had an effective date of January 1, 2015. The Department has not begun enforcement of the Final Rule both because of its previously announced time-limited non-enforcement policy and because it is a party to a federal lawsuit regarding the amended regulations. The U.S. Court of Appeals for the District of Columbia issued an opinion in that case in favor of the Department on August 21, 2015. The Department will not bring enforcement actions against any employer for violations of FLSA obligations resulting from the amended domestic service regulations for 30 days after the date the Court of Appeals issues a mandate making its opinion effective.

Federal Register, Volume 80 Issue 177 (Monday, September 14, 2015)
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55029-55030]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23092]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 552

RIN 1235-AA05


Application of the Fair Labor Standards Act to Domestic Service; 
Announcement of 30-Day Period of Non-Enforcement

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Policy statement.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor's (Department) Final Rule amending 
regulations regarding domestic service employment, which extends Fair 
Labor Standards Act (FLSA) protections to most home care workers, had 
an effective date of January 1, 2015. The Department has not begun 
enforcement of the Final Rule both because of its previously announced 
time-limited non-enforcement policy and because it is a party to a 
federal lawsuit regarding the amended regulations. The U.S. Court of 
Appeals for the District of Columbia issued an opinion in that case in 
favor of the Department on August 21, 2015. The Department will not 
bring enforcement actions against any employer for violations of FLSA 
obligations resulting from the amended domestic service regulations for 
30 days after the date the Court of Appeals issues a mandate making its 
opinion effective.

DATES: This policy statement was signed on September 9, 2015.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Assistant Administrator, 
Office of Policy, U.S. Department of Labor, Wage and Hour Division, 200 
Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 
20210; telephone: (202) 343-5940 (this is not a toll-free number), 
email: [email protected]. Copies of this Policy Statement may be 
obtained in alternative formats (Large Print, Braille, Audio Tape, or 
Disc), upon request, by calling (202) 693-0675 (not a toll-free 
number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION:

I. 30-Day Non-Enforcement Period After Mandate Issues

    The Department's Final Rule amending regulations regarding domestic 
service employment, 78 FR 60454, which extends FLSA protections to most 
home care workers, had an effective date of January 1, 2015. The 
Department has not begun enforcement of the Final Rule both because of 
its time-limited non-enforcement policy, 79 FR 60974 (October 9, 2014), 
and because it is a party to a federal lawsuit regarding the amended 
regulations in which the U.S. District Court for the District of 
Columbia issued opinions and orders vacating the rule's major 
provisions. Home Care Ass'n of Am. v. Weil, 76 F. Supp. 3d 138 (D.D.C. 
2014); Home Care Ass'n of Am. v. Weil, 78 F. Supp. 3d 123 (D.D.C. 
2015). On August 21, 2015, the U.S. Court of Appeals for the District 
of Columbia Circuit reversed the district court's judgment. Home Care 
Ass'n of America v. Weil, . . . F.3d . . . , No. 15-5018, 2015 WL 
4978980 (D.C. Cir. Aug. 21, 2015). The Court of Appeals opinion will 
become effective when that court issues a mandate directing the 
district court to enter a new judgment in favor of the Department. 
Although it is not yet known on what date the mandate will issue, the 
Department will not bring enforcement actions against any employer for 
violations of FLSA obligations resulting from the amended domestic 
service regulations for 30 days after the date the mandate issues.
    This 30-day non-enforcement policy does not replace or affect the 
timeline of the Department's existing time-limited non-enforcement 
policy announced in October 2014. 79 FR 60974. Under that policy, 
through December 31, 2015, the Department will exercise prosecutorial 
discretion in determining whether to bring enforcement actions, with 
particular consideration given to the extent to which States and other 
entities have made good faith efforts to bring their home care programs 
into compliance with the FLSA since the promulgation of the Final Rule. 
The Department will also continue to provide intensive technical 
assistance to the regulated community, as it has since promulgation of 
the Final Rule.

II. Regulatory Requirements

    This Policy Statement is guidance articulating considerations 
relevant to the Department's exercise of its enforcement authority 
under the FLSA. It is therefore exempt from the notice-and-comment 
rulemaking requirements under the Administrative Procedure Act pursuant 
to 5 U.S.C. 553(b).
    Because no notice of proposed rulemaking is required, the 
Regulatory Flexibility Act does not require an initial or final 
regulatory flexibility analysis. 5 U.S.C. 603(a), 604(a). The 
Department has determined that this guidance does not impose any new or 
revise any existing recordkeeping,

[[Page 55030]]

reporting, or disclosure requirements on covered entities or members of 
the public that would be collections of information requiring OMB 
approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Dated: September 9, 2015.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2015-23092 Filed 9-11-15; 8:45 am]
 BILLING CODE 4510-27-P



                                                             Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations                                       55029

                                            Association, Reporting and                              DEPARTMENT OF LABOR                                   effective date of January 1, 2015. The
                                            recordkeeping requirements.                                                                                   Department has not begun enforcement
                                                                                                    Wage and Hour Division                                of the Final Rule both because of its
                                              For the reasons stated in the                                                                               time-limited non-enforcement policy, 79
                                            preamble, the Commodity Futures                         29 CFR Part 552                                       FR 60974 (October 9, 2014), and because
                                            Trading Commission amends 17 CFR                                                                              it is a party to a federal lawsuit
                                            part 170 as set forth below:                            RIN 1235–AA05
                                                                                                                                                          regarding the amended regulations in
                                                                                                    Application of the Fair Labor                         which the U.S. District Court for the
                                            PART 170—REGISTERED FUTURES                                                                                   District of Columbia issued opinions
                                                                                                    Standards Act to Domestic Service;
                                            ASSOCIATIONS                                                                                                  and orders vacating the rule’s major
                                                                                                    Announcement of 30-Day Period of
                                                                                                    Non-Enforcement                                       provisions. Home Care Ass’n of Am. v.
                                            ■  1. The authority citation for part 170                                                                     Weil, 76 F. Supp. 3d 138 (D.D.C. 2014);
                                            is revised to read as follows:                          AGENCY:  Wage and Hour Division,                      Home Care Ass’n of Am. v. Weil, 78 F.
                                              Authority: 7 U.S.C. 6d, 6m, 6p, 6s, 12a,
                                                                                                    Department of Labor.                                  Supp. 3d 123 (D.D.C. 2015). On August
                                            and 21.                                                 ACTION: Policy statement.                             21, 2015, the U.S. Court of Appeals for
                                                                                                                                                          the District of Columbia Circuit reversed
                                                                                                    SUMMARY:   The Department of Labor’s                  the district court’s judgment. Home Care
                                            ■   2. Add § 170.17 to read as follows:
                                                                                                    (Department) Final Rule amending                      Ass’n of America v. Weil, . . . F.3d
                                            § 170.17 Introducing brokers, commodity                 regulations regarding domestic service                . . . , No. 15–5018, 2015 WL 4978980
                                            pool operators, and commodity trading                   employment, which extends Fair Labor                  (D.C. Cir. Aug. 21, 2015). The Court of
                                            advisors.                                               Standards Act (FLSA) protections to                   Appeals opinion will become effective
                                                                                                    most home care workers, had an                        when that court issues a mandate
                                               Each person registered as an
                                                                                                    effective date of January 1, 2015. The                directing the district court to enter a
                                            introducing broker, commodity pool                      Department has not begun enforcement
                                            operator, or commodity trading advisor                                                                        new judgment in favor of the
                                                                                                    of the Final Rule both because of its                 Department. Although it is not yet
                                            must become and remain a member of                      previously announced time-limited non-                known on what date the mandate will
                                            at least one futures association that is                enforcement policy and because it is a                issue, the Department will not bring
                                            registered under Section 17 of the Act                  party to a federal lawsuit regarding the              enforcement actions against any
                                            and that provides for the membership                    amended regulations. The U.S. Court of                employer for violations of FLSA
                                            therein of introducing brokers,                         Appeals for the District of Columbia                  obligations resulting from the amended
                                            commodity pool operators, or                            issued an opinion in that case in favor               domestic service regulations for 30 days
                                            commodity trading advisors, as the case                 of the Department on August 21, 2015.                 after the date the mandate issues.
                                            may be, unless no such futures                          The Department will not bring                            This 30-day non-enforcement policy
                                            association is so registered; provided,                 enforcement actions against any                       does not replace or affect the timeline of
                                            however that a person registered as a                   employer for violations of FLSA                       the Department’s existing time-limited
                                            commodity trading advisor shall not be                  obligations resulting from the amended                non-enforcement policy announced in
                                            required to become or remain a member                   domestic service regulations for 30 days              October 2014. 79 FR 60974. Under that
                                            of such a futures association, solely in                after the date the Court of Appeals                   policy, through December 31, 2015, the
                                            respect of its registration as a                        issues a mandate making its opinion                   Department will exercise prosecutorial
                                            commodity trading advisor, if such                      effective.                                            discretion in determining whether to
                                            person is eligible for the exemption                    DATES:  This policy statement was signed              bring enforcement actions, with
                                            from registration as such pursuant to                   on September 9, 2015.                                 particular consideration given to the
                                            § 4.14(a)(9) of this chapter.                                                                                 extent to which States and other entities
                                                                                                    FOR FURTHER INFORMATION CONTACT:                      have made good faith efforts to bring
                                              Issued in Washington, DC, on September 9,             Mary Ziegler, Assistant Administrator,                their home care programs into
                                            2015, by the Commission.                                Office of Policy, U.S. Department of                  compliance with the FLSA since the
                                            Christopher J. Kirkpatrick,                             Labor, Wage and Hour Division, 200                    promulgation of the Final Rule. The
                                                                                                    Constitution Avenue NW., Room S–                      Department will also continue to
                                            Secretary of the Commission.
                                                                                                    3502, FP Building, Washington, DC                     provide intensive technical assistance to
                                              Note: The following appendix will not                 20210; telephone: (202) 343–5940 (this                the regulated community, as it has since
                                            appear in the Code of Federal Regulations.              is not a toll-free number), email:                    promulgation of the Final Rule.
                                                                                                    HomeCare@dol.gov. Copies of this
                                            Appendix to Membership in a                             Policy Statement may be obtained in                   II. Regulatory Requirements
                                            Registered Futures Association—                         alternative formats (Large Print, Braille,               This Policy Statement is guidance
                                            Commission Voting Summary                               Audio Tape, or Disc), upon request, by                articulating considerations relevant to
                                                                                                    calling (202) 693–0675 (not a toll-free               the Department’s exercise of its
                                              On this matter, Chairman Massad and                   number). TTY/TTD callers may dial toll-
                                            Commissioners Bowen and Giancarlo voted
                                                                                                                                                          enforcement authority under the FLSA.
                                                                                                    free (877) 889–5627 to obtain                         It is therefore exempt from the notice-
                                            in the affirmative. No Commissioner voted in
                                                                                                    information or request materials in                   and-comment rulemaking requirements
                                            the negative.
                                                                                                    alternative formats.                                  under the Administrative Procedure Act
                                            [FR Doc. 2015–23046 Filed 9–11–15; 8:45 am]
                                                                                                    SUPPLEMENTARY INFORMATION:                            pursuant to 5 U.S.C. 553(b).
                                            BILLING CODE 6351–01–P                                                                                           Because no notice of proposed
                                                                                                    I. 30-Day Non-Enforcement Period After                rulemaking is required, the Regulatory
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                    Mandate Issues                                        Flexibility Act does not require an
                                                                                                      The Department’s Final Rule                         initial or final regulatory flexibility
                                                                                                    amending regulations regarding                        analysis. 5 U.S.C. 603(a), 604(a). The
                                                                                                    domestic service employment, 78 FR                    Department has determined that this
                                                                                                    60454, which extends FLSA protections                 guidance does not impose any new or
                                                                                                    to most home care workers, had an                     revise any existing recordkeeping,


                                       VerDate Sep<11>2014   16:26 Sep 11, 2015   Jkt 235001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\14SER1.SGM   14SER1


                                            55030            Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations

                                            reporting, or disclosure requirements on                Saugus River has a vertical clearance in              on March 10, 2015, documenting that
                                            covered entities or members of the                      the closed position of 7 feet at mean                 the State’s existing plan is making
                                            public that would be collections of                     high water and 17 feet at mean low                    adequate progress to achieve visibility
                                            information requiring OMB approval                      water. The existing bridge operating                  goals by 2018. The Kansas SIP revision
                                            under the Paperwork Reduction Act, 44                   regulations opens on schedule as                      addressed the Regional Haze Rule (RHR)
                                            U.S.C. 3501 et seq.                                     required by 33 CFR 117.5.                             requirements under the Clean Air Act
                                              Dated: September 9, 2015.                                Saugus River is transited by                       (CAA or Act) to submit a report
                                            David Weil,                                             commercial lobstermen and recreational                describing progress in achieving
                                            Administrator, Wage and Hour Division.                  vessel traffic.                                       reasonable progress goals (RPGs) to
                                                                                                       Keolis Commuter Railroad requested                 improve visibility in Federally
                                            [FR Doc. 2015–23092 Filed 9–11–15; 8:45 am]
                                                                                                    this temporary deviation from the                     designated areas in nearby states that
                                            BILLING CODE 4510–27–P
                                                                                                    normal operating schedule to facilitate               may be affected by emissions from
                                                                                                    essential maintenance repairs.                        sources in Kansas. EPA is taking final
                                                                                                       Under this temporary deviation, the                action to approve Kansas’ determination
                                            DEPARTMENT OF HOMELAND                                  Saugus RR Bridge may remain in the                    that the existing Regional Haze (RH) SIP
                                            SECURITY                                                closed position from 12:01 a.m. on                    is adequate to meet the visibility goals
                                            Coast Guard                                             September 19, 2015 to 11:59 p.m. on                   and requires no substantive revision at
                                                                                                    September 20, 2015.                                   this time.
                                            33 CFR Part 117                                            There is no alternate route for vessel             DATES: This final rule is effective
                                                                                                    traffic; however, vessels that can pass               October 14, 2015.
                                            [Docket No. USCG–2015–0841]                             under the closed draws during this                    ADDRESSES: EPA has established a
                                                                                                    closure may do so at any time. The                    docket for this action under Docket ID
                                            Drawbridge Operation Regulation;                        bridge will be able to open in the event
                                            Saugus River, Saugus, Massachusetts                                                                           No. EPA–R07–OAR–2015–0299. All
                                                                                                    of an emergency.                                      documents in the docket are listed on
                                            AGENCY: Coast Guard, DHS.                                  The Coast Guard will inform the users              the www.regulations.gov Web site.
                                            ACTION:Notice of deviation from                         of the waterway through our Local                     Although listed in the index, some
                                            drawbridge regulation.                                  Notice to Mariners of the change in                   information is not publicly available,
                                                                                                    operating schedule for the bridge so that             i.e., CBI or other information whose
                                            SUMMARY:    The Coast Guard has issued a                vessels can arrange their transits to                 disclosure is restricted by statute.
                                            temporary deviation from the operating                  minimize any impact caused by the                     Certain other material, such as
                                            schedule that governs the Saugus RR                     temporary deviation.                                  copyrighted material, is not placed on
                                            Bridge, across the Saugus River, mile                      In accordance with 33 CFR 117.35(e),               the Internet and will be publicly
                                            2.1, at Saugus, Massachusetts. This                     the drawbridge must return to its regular             available only in hard copy form.
                                            deviation is necessary to facilitate                    operating schedule immediately at the                 Publicly available docket materials are
                                            essential maintenance repairs. This                     end of the effective period of this                   available either electronically through
                                            deviation allows the bridge to remain in                temporary deviation. This deviation                   www.regulations.gov or at the
                                            the closed position during the                          from the operating regulations is                     Environmental Protection Agency, Air
                                            maintenance repairs.                                    authorized under 33 CFR 117.35.                       Planning and Development Branch,
                                            DATES: This deviation is effective from                                                                       11201 Renner Boulevard, Lenexa,
                                                                                                      Dated: September 1, 2015.
                                            12:01 a.m. on September 19, 2015 to                                                                           Kansas 66219. The Regional Office’s
                                                                                                    C.J. Bisignano,
                                            11:59 p.m. on September 20, 2015.                                                                             official hours of business are Monday
                                                                                                    Supervisory Bridge Management Specialist,
                                            ADDRESSES: The docket for this                                                                                through Friday, 8:00 a.m. to 4:30 p.m.,
                                                                                                    First Coast Guard District.
                                            deviation, [USCG–2015–0841] is                                                                                excluding Federal holidays. The
                                                                                                    [FR Doc. 2015–23067 Filed 9–11–15; 8:45 am]
                                            available at http://www.regulations.gov.                                                                      interested persons wanting to examine
                                                                                                    BILLING CODE 9110–04–P
                                            Type the docket number in the                                                                                 these documents should make an
                                            ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                                                                          appointment with the office at least 24
                                            Click on Open Docket Folder on the line                                                                       hours in advance.
                                            associated with this deviation. You may                 ENVIRONMENTAL PROTECTION
                                                                                                    AGENCY                                                FOR FURTHER INFORMATION CONTACT:
                                            also visit the Docket Management                                                                              Stephen Krabbe, Environmental
                                            Facility in Room W12–140, on the                                                                              Protection Agency, Air Planning and
                                            ground floor of the Department of                       40 CFR Part 52
                                                                                                                                                          Development Branch, 11201 Renner
                                            Transportation West Building, 1200                      [EPA–R07–OAR–2015–0299; FRL–9933–84–                  Boulevard, Lenexa, Kansas 66219 at
                                            New Jersey Avenue SE., Washington,                      Region 7]
                                                                                                                                                          913–551–7991, or by email at
                                            DC 20590, between 9 a.m. and 5 p.m.,                                                                          krabbe.stephen@epa.gov.
                                            Monday through Friday, except Federal                   Approval and Promulgation of Air
                                                                                                    Quality Implementation Plans; State of                SUPPLEMENTARY INFORMATION:
                                            holidays.
                                                                                                    Kansas Regional Haze State                            Throughout this document ‘‘we’’, ‘‘us’’,
                                            FOR FURTHER INFORMATION CONTACT: If
                                                                                                    Implementation Plan Revision and                      or ‘‘our’’ refer to EPA. This section
                                            you have questions on this temporary                                                                          provides additional information by
                                            deviation, contact Mr. Joe Arca, Project                2014 Five-Year Progress Report
                                                                                                                                                          addressing the following:
                                            Officer, First Coast Guard District,                    AGENCY:  Environmental Protection
                                            telephone (212) 514–4336, email                                                                               I. Background
                                                                                                    Agency (EPA).                                         II. Summary of SIP Revision
                                            joe.m.arca@uscg.mil. If you have                        ACTION: Final rule.
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                                                                          III. Final Action
                                            questions on viewing the docket, call                                                                         IV. Statutory and Executive Order Reviews
                                            Ms. Cheryl Collins, Program Manager,                    SUMMARY:  The Environmental Protection
                                            Docket Operations, telephone (202)                      Agency (EPA) is taking final action to                I. Background
                                            366–9826.                                               approve the Kansas State                                 On June 10, 2015, (80 FR 32874), EPA
                                            SUPPLEMENTARY INFORMATION: The                          Implementation Plan (SIP) revision                    published a notice of proposed
                                            Saugus RR Bridge, mile 2.1, across                      submitted to EPA by the State of Kansas               rulemaking (NPR) for the State of


                                       VerDate Sep<11>2014   16:26 Sep 11, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\14SER1.SGM   14SER1



Document Created: 2018-02-26 10:15:07
Document Modified: 2018-02-26 10:15:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionPolicy statement.
DatesThis policy statement was signed on September 9, 2015.
ContactMary Ziegler, Assistant Administrator, Office of Policy, U.S. Department of Labor, Wage and Hour Division, 200 Constitution Avenue NW., Room S-3502, FP Building, Washington, DC 20210; telephone: (202) 343-5940 (this is not a toll-free number), email: [email protected] Copies of this Policy Statement may be obtained in alternative formats (Large Print, Braille, Audio Tape, or Disc), upon request, by calling (202) 693-0675 (not a toll-free number). TTY/TTD callers may dial toll-free (877) 889-5627 to obtain information or request materials in alternative formats.
FR Citation80 FR 55029 
RIN Number1235-AA05

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR