[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Proposed Rules]
[Pages 49621-49622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19475]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Parts 4, 531, 553, 778, 779, 780, 785, 786, and 790

RIN 1215-AB13


Updating Regulations Issued Under the Fair Labor Standards Act

AGENCY: Wage and Hour Division, Employment Standards Administration, 
Department of Labor.

ACTION: Extension of comment period on proposed regulations.

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SUMMARY: This document extends the period for filing written comments 
for an additional 15 days on proposed revisions to regulations issued 
under the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-
Portal Act of 1947 (Portal Act) that have become out of date because of 
subsequent legislation or court decisions. The Department of Labor is 
taking this action in order to provide interested parties additional 
time to submit comments.

DATES: Comments must be received on or before September 26, 2008.

ADDRESSES: You may submit comments, identified by RIN 1215-AB13, by 
either one of the following methods:
     Electronic comments, through the federal eRulemaking 
Portal: http://www.regulations.gov. Follow the instructions for 
submitting comments.
     Mail: Wage and Hour Division, Employment Standards 
Administration, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue, NW., Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and 
Regulatory Information Number (RIN) identified above for this 
rulemaking. Comments received will be posted to http://www.regulations.gov, including any personal information provided. 
Because we continue to experience delays in receiving mail in the 
Washington, DC, area, commenters are strongly encouraged to transmit 
their comments electronically via the federal eRulemaking Portal at 
http://www.regulations.gov or to submit them

[[Page 49622]]

by mail early. For additional information on submitting comments and 
the rulemaking process, see the ``Public Participation'' heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to the federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard M. Brennan, Director, Office 
of Interpretations and Regulatory Analysis, Wage and Hour Division, 
Employment Standards Administration, U.S. Department of Labor, Room S-
3506, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: 
(202) 693-0051 (this is not a toll-free number). Copies of this notice 
may be obtained in alternative formats (Large Print, Braille, Audio 
Tape or Disc), upon request, by calling (202) 693-0023 (not a toll-free 
number). TTY/TDD callers may dial toll-free (877) 889-5627 to obtain 
information or request materials in alternative formats.
    Questions of interpretation and/or enforcement of regulations 
issued by this agency or referenced in this notice may be directed to 
the nearest Wage and Hour Division (WHD) District Office. Locate the 
nearest office by calling our toll-free help line at (866) 4USWAGE 
((866) 487-9243) between 8 a.m. and 5 p.m. in your local time zone, or 
log onto the WHD's Web site for a nationwide listing of Wage and Hour 
District and Area Offices at: http://www.dol.gov/esa/contacts/whd/america2.htm.

SUPPLEMENTARY INFORMATION:

I. Electronic Access and Filing Comments

    Public Participation: This notice is available through the Federal 
Register and the http://www.regulations.gov Web site. You may also 
access this notice via the WHD home page at http://www.dol.gov/esa/whd/regulations/FLSA2008.htm. To comment electronically on federal 
rulemakings, go to the federal eRulemaking Portal at http://www.regulations.gov, which will allow you to find, review, and submit 
comments on federal documents that are open for comment and published 
in the Federal Register. Please identify all comments submitted in 
electronic form by the RIN docket number (1215-AB13). Because of delays 
in receiving mail in the Washington, DC, area, commenters should 
transmit their comments electronically via the federal eRulemaking 
Portal at http://www.regulations.gov, or submit them by mail early to 
ensure timely receipt prior to the close of the comment period. Submit 
one copy of your comments by only one method.

II. Request for Comment

    In the Federal Register of July 28, 2008 (73 FR 43654), the 
Department of Labor published a notice of proposed rulemaking 
requesting public comments on proposed revisions to update existing 
outdated regulatory provisions under the FLSA and the Portal Act. The 
proposed revisions are intended to conform the regulations to FLSA 
amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 
2007, a Portal Act amendment passed in 1996, and to several 
authoritative federal appellate court rulings that have invalidated 
portions of the existing regulations. Interested parties were requested 
to submit comments on or before September 11, 2008.
    The Department has received requests to extend the period for 
filing public comments from representatives of the following 
organizations: American Federation of Labor and Congress of Industrial 
Organizations; National Employment Lawyers Association; National 
Employment Law Project; International Association of Fire Fighters; 
American Federation of State, County and Municipal Employees, AFL-CIO; 
and Service Employees International Union CTW, CLC. Because of the 
interest that has been expressed in this matter, the Department has 
decided to extend the period for submitting public comments for 15 
additional days, to September 26, 2008.

    Signed at Washington, DC this 18th day of August 2008.
Victoria A. Lipnic,
Assistant Secretary, Employment Standards Administration.
Alexander J. Passantino,
Acting Administrator, Wage and Hour Division.
 [FR Doc. E8-19475 Filed 8-21-08; 8:45 am]
BILLING CODE 4510-27-P