80 FR 65646 - Application of the Fair Labor Standards Act to Domestic Service; Dates of Previously Announced 30-Day Period of Non-Enforcement

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 80, Issue 207 (October 27, 2015)

The Department of Labor (Department) previously announced that it would not bring enforcement actions against any employer for violations of Fair Labor Standards Act (FLSA) obligations resulting from amendments to its domestic service regulations for 30 days after the U.S. Court of Appeals for the District of Columbia issued a mandate making effective its opinion affirming the validity of the regulatory changes. The Court issued its mandate on October 13, 2015; the Department's 30-day non-enforcement period will therefore conclude on November 12, 2015. From November 12, 2015 through December 31, 2015, the Department will exercise prosecutorial discretion pursuant to its previously announced time-limited non-enforcement policy.

[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65646-65647]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27332]


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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; 
Dates of Previously Announced 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 (Department) previously announced that 
it would not bring enforcement actions against any employer for 
violations of Fair Labor Standards Act (FLSA) obligations resulting 
from amendments to its domestic service regulations for 30 days after 
the U.S. Court of Appeals for the District of Columbia issued a mandate 
making effective its opinion affirming the validity of the regulatory 
changes. The Court issued its mandate on October 13, 2015; the 
Department's 30-day non-enforcement period will therefore conclude on 
November 12, 2015. From November 12, 2015 through December 31, 2015, 
the Department will exercise prosecutorial discretion pursuant to its 
previously announced time-limited non-enforcement policy.

DATES: The Department will not bring enforcement actions against any 
employer for FLSA violations resulting from the revised domestic 
service regulations before November 12, 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) 693-0406 (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. Non-Enforcement Period Until November 12, 2015

    The Department's Final Rule amending FLSA regulations regarding 
domestic service employment, 78 FR 60454 (October 1, 2013), which 
extends minimum wage and overtime protections to most home care 
workers, had an effective date of January 1, 2015. The Department did 
not begin enforcement of the Final Rule on that date both because of 
its time-limited non-enforcement policy, 79 FR 60974 (October 9, 2014), 
and because it was 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, 799 F.3d 1084 (D.C. Cir. 2015). On September 
14, 2015, the Department announced that it would 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 issued a mandate making its opinion

[[Page 65647]]

effective. 80 FR 55029 (September 14, 2015).
    The Court of Appeals issued the mandate directing the district 
court to enter a new judgment in favor of the Department on October 13, 
2015. The Department will therefore not bring enforcement actions 
against any employer for violations of FLSA obligations resulting from 
the amended domestic service regulations before November 12, 2015.
    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. Therefore, from November 
12, 2015 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 up to and 
after December 31, 2015, 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, 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: October 21, 2015.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2015-27332 Filed 10-26-15; 8:45 am]
BILLING CODE 4510-27-P