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)
Wage and Hour Division
Federal Register Volume 80, Issue 207 (October 27, 2015)
| Page Range | 65646-65647 | |
| FR Document | 2015-27332 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: HomeCare@dol.gov. 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
![65646 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations
1.145–2, and 1.150–1(a)(3) and the revising the first sentence of paragraph changes. The Court issued its mandate
definition of bond documents contained (c)(2) to read as follows: on October 13, 2015; the Department’s
in § 1.150–1(b). 30-day non-enforcement period will
(b) * * * § 1.145–2 Application of private activity therefore conclude on November 12,
(4) Certain remedial actions—(i) bond regulations.
2015. From November 12, 2015 through
General rule. For bonds subject to * * * * * December 31, 2015, the Department will
§ 1.141–12, the provisions of § 1.141– (b) * * * exercise prosecutorial discretion
12(d)(3), (i), (j), and (k), Example 8, (4) References to governmental bonds pursuant to its previously announced
apply to deliberate actions that occur on in § 1.141–6 mean qualified 501(c)(3) time-limited non-enforcement policy.
or after January 25, 2016. bonds.
DATES: The Department will not bring
(ii) Special rule for allocations of (5) References to ownership by
governmental persons in § 1.141–6 enforcement actions against any
nonqualified bonds. For purposes of employer for FLSA violations resulting
§ 1.141–12(j)(2), in addition to the mean ownership by governmental
persons or 501(c)(3) organizations. from the revised domestic service
allocation methods permitted in regulations before November 12, 2015.
§ 1.141–12(j)(2), an issuer may treat (c) * * *
(2) Costs of issuance. Sections 1.141– FOR FURTHER INFORMATION CONTACT:
bonds with the longest maturities
3(g)(6) and 1.141–6(d) do not apply to Mary Ziegler, Assistant Administrator,
(determined on a bond-by-bond basis) as
the extent costs of issuance are allocated Office of Policy, U.S. Department of
the nonqualified bonds, but only for
among the other purposes for which the Labor, Wage and Hour Division, 200
bonds sold before January 25, 2016.
proceeds are used or to portions of a Constitution Avenue NW., Room S–
* * * * * 3502, FP Building, Washington, DC
(e) Permissive application of certain project. * * *
* * * * * 20210; telephone: (202) 693–0406 (this
sections—(1) In general. The following is not a toll-free number), email:
sections may each be applied by issuers ■ Par. 10. Section 1.150–5 is amended
HomeCare@dol.gov. Copies of this
to any bonds: by revising paragraph (a)(1) to read as Policy Statement may be obtained in
(i) Section 1.141–3(b)(4); follows: alternative formats (Large Print, Braille,
(ii) Section 1.141–3(b)(6); and Audio Tape, or Disc), upon request, by
(iii) Section 1.141–12. § 1.150–5 Filing notices and elections.
(2) Transition rule for pre-effective (a) * * * calling (202) 693–0675 (not a toll-free
date bonds. For purposes of paragraphs (1) Section 1.141–12(d)(4); number). TTY/TTD callers may dial toll-
(e)(1) and (h) of this section, issuers may free (877) 889–5627 to obtain
* * * * *
apply § 1.141–12 to bonds issued before information or request materials in
May 16, 1997, without regard to John Dalrymple, alternative formats.
paragraph (d)(5) thereof with respect to Deputy Commissioner for Services and SUPPLEMENTARY INFORMATION:
Enforcement.
deliberate actions that occur on or after I. Non-Enforcement Period Until
April 21, 2003. Approved: October 6, 2015.
November 12, 2015
Mark J. Mazur,
* * * * * The Department’s Final Rule
(i) Permissive application of certain Assistant Secretary of the Treasury (Tax
Policy). amending FLSA regulations regarding
regulations relating to output facilities. domestic service employment, 78 FR
Issuers may apply each of the following [FR Doc. 2015–27328 Filed 10–26–15; 8:45 am]
60454 (October 1, 2013), which extends
sections to any bonds used to finance BILLING CODE 4830–01–P
minimum wage and overtime
output facilities: protections to most home care workers,
(1) Section 1.141–6; had an effective date of January 1, 2015.
(2) Section 1.141–7(f)(3); and DEPARTMENT OF LABOR
(3) Section 1.141–7(g). The Department did not begin
Wage and Hour Division enforcement of the Final Rule on that
* * * * * date both because of its time-limited
(l) Applicability date for certain non-enforcement policy, 79 FR 60974
regulations relating to allocation and 29 CFR Part 552
(October 9, 2014), and because it was a
accounting—(1) In general. Except as RIN 1235–AA05 party to a federal lawsuit regarding the
otherwise provided in this section, amended regulations in which the U.S.
§§ 1.141–1(e), 1.141–3(g)(2)(v), 1.141–6, Application of the Fair Labor District Court for the District of
1.141–13(d), and 1.145–2(b)(4), (b)(5), Standards Act to Domestic Service; Columbia issued opinions and orders
and (c)(2) apply to bonds that are sold Dates of Previously Announced 30-Day vacating the rule’s major provisions.
on or after January 25, 2016 and to Period of Non-Enforcement Home Care Ass’n of Am. v. Weil, 76 F.
which the 1997 regulations (as defined Supp. 3d 138 (D.D.C. 2014); Home Care
in paragraph (b)(1) of this section) AGENCY: Wage and Hour Division,
Department of Labor. Ass’n of Am. v. Weil, 78 F. Supp. 3d 123
apply. (D.D.C. 2015). On August 21, 2015, the
(2) Permissive application. Issuers ACTION: Policy statement.
U.S. Court of Appeals for the District of
may apply §§ 1.141–1(e), 1.141–
SUMMARY: The Department of Labor Columbia Circuit reversed the district
3(g)(2)(v), 1.141–6, and 1.145–2(b)(4),
(Department) previously announced that court’s judgment. Home Care Ass’n of
(b)(5), and (c)(2), in whole but not in
it would not bring enforcement actions America v. Weil, 799 F.3d 1084 (D.C.
part, to bonds to which the 1997
against any employer for violations of Cir. 2015). On September 14, 2015, the
regulations apply.
Fair Labor Standards Act (FLSA) Department announced that it would
tkelley on DSK3SPTVN1PROD with RULES
(m) Permissive retroactive application
obligations resulting from amendments not bring enforcement actions against
of certain regulations. Issuers may apply
to its domestic service regulations for 30 any employer for violations of FLSA
§ 1.141–13(d) to bonds to which
days after the U.S. Court of Appeals for obligations resulting from the amended
§ 1.141–13 applies.
the District of Columbia issued a domestic service regulations for 30 days
■ Par. 9. Section 1.145–2 is amended by mandate making effective its opinion after the date the Court of Appeals
adding paragraphs (b)(4) and (b)(5) and affirming the validity of the regulatory issued a mandate making its opinion
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![Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations 65647
effective. 80 FR 55029 (September 14, DEPARTMENT OF HOMELAND II. Background Information and
2015). SECURITY Regulatory History
The Court of Appeals issued the The Coast Guard is issuing this
Coast Guard
mandate directing the district court to temporary rule without prior notice and
enter a new judgment in favor of the opportunity to comment pursuant to
33 CFR Part 165
Department on October 13, 2015. The authority under section 4(a) of the
Department will therefore not bring Administrative Procedure Act (5 U.S.C.
[Docket Number USCG–2015–0943] 553(b)). This provision authorizes an
enforcement actions against any
employer for violations of FLSA agency to issue a rule without prior
obligations resulting from the amended RIN 1625–AA00 notice and opportunity to comment
domestic service regulations before when the agency for good cause finds
Safety Zone; Rich Passage, that those procedures are
November 12, 2015.
Manchester, WA ‘‘impracticable, unnecessary, or contrary
This 30-day non-enforcement policy to the public interest.’’ Under 5 U.S.C.
does not replace or affect the timeline of AGENCY: Coast Guard, DHS. 553(b)(B), the Coast Guard finds that
the Department’s existing time-limited ACTION: Temporary final rule. good cause exists for not publishing a
non-enforcement policy announced in notice of proposed rulemaking (NPRM)
October 2014. 79 FR 60974. Therefore, SUMMARY: The Coast Guard is with respect to this rule publishing an
from November 12, 2015 through establishing a temporary safety zone NPRM would be impracticable as
December 31, 2015, the Department will encompassing all navigable waters delayed promulgation may result in
exercise prosecutorial discretion in within a designed area in the vicinity of injury or damage to the maritime public
determining whether to bring the Manchester Fuel Piers, Manchester, and response vessels prior to conclusion
enforcement actions, with particular Washington. This safety zone is of a notice and comment period.
consideration given to the extent to necessary to ensure the safety of the We are issuing this rule, and under 5
which States and other entities have waterway users and participants of a U.S.C. 553(d)(3), the Coast Guard finds
made good faith efforts to bring their maritime training exercise. The that good cause exists for making it
home care programs into compliance temporary safety zone will prohibit any effective less than 30 days after
with the FLSA since the promulgation person or vessel not involved in the publication in the Federal Register.
of the Final Rule. The Department will training exercise from entering or Delaying the effective date of this rule
also continue to provide intensive remaining in the safety zone unless would be impracticable because
technical assistance to the regulated authorized by the Captain of the Port, immediate action is needed to minimize
Puget Sound (COTP) or his designated the potential impact to the waterway
community up to and after December
representative. users and emergency response
31, 2015, as it has since promulgation of
the Final Rule. DATES: This rule is effective from 7 a.m. personnel involved in the training
on November 2, 2015 until 6 p.m. on exercise.
II. Regulatory Requirements November 8, 2015. This rule shall be III. Legal Authority and Need for Rule
enforced during actual training
This Policy Statement is guidance The Coast Guard has authority to
operations occurring within the
articulating considerations relevant to issue a rule under authority in 33 U.S.C.
effective period while exercise
the Department’s exercise of its 1231. The Captain of the Port, Puget
participants are present in the safety
enforcement authority under the FLSA. zone. Sound has determined that potential
It is therefore exempt from the notice- hazards associated with the training
and-comment rulemaking requirements ADDRESSES: To view documents exercise will be a safety concern for
under the Administrative Procedure Act mentioned in this preamble as being anyone transiting through the
pursuant to 5 U.S.C. 553(b). available in the docket, go to http:// operational location of the exercise. A
www.regulations.gov, type USCG–2015– safety zone is needed to ensure the
Because no notice of proposed
0943 in the ‘‘SEARCH’’ box and click safety of the maritime public and
rulemaking is required, the Regulatory
‘‘SEARCH.’’ Click on Open Docket emergency response vessels
Flexibility Act does not require an Folder on the line associated with this participating in the exercise by
initial or final regulatory flexibility rule. preventing collisions between
analysis. 5 U.S.C. 603(a), 604(a). The exercising vessels and the maritime
Department has determined that this FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or public, and by keeping the maritime
guidance does not impose any new or public a safe distance away from
revise any existing recordkeeping, email Lieutenant Kate Haseley,
Waterways Management Division, Coast elements associated with the exercise.
reporting, or disclosure requirements on
Guard Sector Puget Sound; telephone IV. Discussion of the Rule
covered entities or members of the
206–217–6051, email
public that would be collections of The Coast Guard is establishing a
SectorPugetSoundWWM@uscg.mil.
information requiring OMB approval temporary safety zone that will
under the Paperwork Reduction Act, 44 SUPPLEMENTARY INFORMATION: encompass all navigable waters within
U.S.C. 3501 et seq. I. Table of Abbreviations an area established by the following
Dated: October 21, 2015.
points: 47°34′13″ N., 122°32′12″ W.,
CFR—Code of Federal Regulations thence southeast to 47°33′41″ N.,
tkelley on DSK3SPTVN1PROD with RULES
David Weil, DHS—Department of Homeland Security 122°31′07″ W., thence southwest to
Administrator, Wage and Hour Division. E.O.—Executive order
FR—Federal Register
47°33′15″ N., 122°32′04″ W., thence
[FR Doc. 2015–27332 Filed 10–26–15; 8:45 am]
NPRM—Notice of proposed rulemaking south to 47°31′49 N., 122°31′47″ W.,
BILLING CODE 4510–27–P Pub. L.—Public Law thence west to 47°31′55″ N., 122°32′28″
§—Section W., thence north to 47°33′20″ N.,
U.S.C.—United States Code 122°32′29″ W., thence northeast to
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Document Created: 2015-12-14 15:36:53
Document Modified: 2015-12-14 15:36:53
| 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 | The Department will not bring enforcement actions against any employer for FLSA violations resulting from the revised domestic service regulations before November 12, 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) 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. | |
| FR Citation | 80 FR 65646 | |
| RIN Number | 1235-AA05 |
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