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 Range		55029-55030
FR Document		2015-23092

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]


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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.

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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

Document Created: 2018-02-26 10:15:07
Document Modified: 2018-02-26 10:15:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Policy statement.
Dates		This policy statement was signed on September 9, 2015.
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.
FR Citation		80 FR 55029
RIN Number		1235-AA05

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

DEPARTMENT OF LABORWage and Hour Division

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

DEPARTMENT OF LABOR
Wage and Hour Division