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)

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, 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