[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2221-2230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31293]
[[Page 2221]]
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DEPARTMENT OF LABOR
Office of the Secretary
29 CFR Parts 1, 3, 4, 5, and 6
Wage and Hour Division
29 CFR Parts 500, 505, 516, 519, 520, 525, 530, 547, 549, 553, 570,
575, 578, 580, 801, and 825
RIN 1235-AA17
Updating Regulations Issued Under the Fair Labor Standards Act,
Service Contract Act, Davis-Bacon and Related Acts, Contract Work Hours
and Safety Standards Act, the Family and Medical Leave Act, Employee
Polygraph Protection Act, and the Migrant and Seasonal Agricultural
Worker Protection Act
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Final rule; technical corrections.
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SUMMARY: In this final rule, the Department of Labor (DOL or
Department) revises regulations issued pursuant to the Fair Labor
Standards Act of 1938 (FLSA), the Davis-Bacon and Related Acts (DBRA),
the Service Contract Act (SCA), Contract Work Hours and Safety
Standards Act (CWHSSA), Family and Medical Leave Act (FMLA), Employee
Polygraph Protection Act (EPPA), and the Migrant and Seasonal
Agricultural Worker Protection Act (MSPA) that include reference to the
``Employment Standards Administration'' at the DOL. The Employment
Standards Administration was eliminated as part of agency
reorganization in 2009 and its authorities and responsibilities were
devolved into its constituent components, including the Wage and Hour
Division (WHD). This action deletes reference to the Employment
Standards Administration in the regulations administered by WHD.
Additionally, this action updates Office of Management and Budget (OMB)
control numbers associated with information collections in the
appropriate regulations. WHD was assigned new control numbers by OMB
and this action updates those references in the regulations to the
current corresponding OMB control number. Further, this action updates
cross-references that were not revised in the FMLA Final Rule published
February 25, 2015.
DATES: Effective January 9, 2017.
FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance
Specialist, Division of Regulations, Legislation, and Interpretation,
Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200
Constitution Avenue NW., Washington, DC 20210, telephone: (202) 693-
0406 (this is not a toll-free number) or email: [email protected].
SUPPLEMENTARY INFORMATION: The Department is eliminating references to
the Employment Standards Administration at the DOL. The Employment
Standards Administration is a former branch of the DOL and was
eliminated in an agency reorganization in 2009. In addition, the
Department is updating references to OMB information collection control
numbers. OMB has assigned different information collection control
numbers to WHD information collections and the Department is updating
these references in the appropriate regulations so the reader can find
the information collection corresponding to a specific regulation.
The Department is also correcting cross-references to the FMLA's
definitions section in two sections of its FMLA regulations, Sec.
825.104(b) and Sec. 825.209(a). A recent rulemaking moved the
definitions section of the FMLA regulations from Sec. 825.800 to Sec.
825.102 but did not update the cross-references to the definitions
section in Sec. 825.104(b) and Sec. 825.209(a). Additionally, the
Department is updating the reference in 29 CFR 3.3 to the Web site
location where the public may access the WH-347 form. As part of the
agency reorganization of the Web site, the location of the form has
changed. Finally, the Department is replacing the term firefighter with
the term employee engaged in fire protection activities in two sections
of its regulations, 29 CFR 553.221 and 553.231, to conform to an
amendment to the FLSA. In December 1999, Congress amended the FLSA to
add a definition of employee engaged in fire protection activities. The
Department published an FLSA Final Rule on April 5, 2011 (76 FR 18832)
that incorporated the new definition into the regulations and made
several conforming revisions in part 553, subpart C, but did not
conform the language of these provisions.
Administrative Procedure Act
Section 553(b)(3) of the Administrative Procedure Act (APA)
provides that an agency is not required to publish a notice of proposed
rulemaking in the Federal Register and solicit public comments when the
agency has good cause to find that doing so would be ``impracticable,
unnecessary, or contrary to the public interest.'' 5 U.S.C. 553(b)(3).
The Department finds that good cause exists to dispense with the notice
and public comment procedures for this technical correction to its
regulations, as it concludes that such procedures are unnecessary. This
rule merely memorializes the delegation of administrative authority
within the Department; updates references to OMB control numbers and
WHD's Web site which are now out of date; corrects cross-references to
another section of the Department's regulations; and conforms the
terminology in the Department's regulations to an amendment to the
definitions section of the FLSA. This rule does not impose any new
regulatory obligations or information collection requirements on
employers or affect the rights of workers. Therefore, the Department is
issuing this technical correction as a final rule.
Section 553(d) of the APA also provides that substantive rules
should take effect not less than 30 days after the date they are
published in the Federal Register unless ``otherwise provided by the
agency for good cause found[.]'' 5 U.S.C. 553(d)(3). Since this rule is
a technical correction that does not change the substance of the
Department's regulations, the Department finds that it is unnecessary
to delay the effective date of the rule. Accordingly, the Department
finds that it has good cause exists to make this technical correction
effective on the date of publication.
Summary of Changes to the Regulations
In 29 CFR 1.2, 1.5, 4.1a, 4.3, 4.5, 4.6, 4.10, 4.11, 4.12, 4.101,
4.191, 5.2, 5.12, 5.13, 6.2, 500.7, 500.20, 500.41, 500.56, 500.215,
505.2, 520.300, 525.22, 530.1, 530.101, 530.102, 530.403, 570.1, 575.2,
575.3, 578.2, 580.1, 801.2, 801.7, and 825.401, the Department has
removed the reference to the Employment Standards Administration and
replaced it with the Wage and Hour Division where appropriate. In 29
CFR 519.11, the Department has removed the reference to the Assistant
Secretary for Employment Standards. The Employment Standards
Administration is a former branch of the DOL and was eliminated in an
agency reorganization in 2009. See Secretary's Order No. 09-2009 (Nov.
6, 2009), 74 FR 58836 (Nov. 13, 2009). In 29 CFR 5.5, the Department
has removed the reference to the Employment Standards Administration
and made two additional technical corrections: Correcting an error made
in the instructions to the Final Rule issued under the DBRA in 2000 (65
FR 69674)
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that resulted in the retention of an editorial note referencing a 1993
suspension of paragraph (a)(1)(ii) that should have been removed at
that time; and incorporating the undesignated language that follows
paragraph (a)(1)(i) into that paragraph.
In 29 CFR 3.3, the Department has updated the referenced Web site
location where the public may access the WH-347 form. As part of the
agency reorganization of the Web site, the location of the form has
changed.
In 29 CFR 3.4, 5.15, 505.5, 520.403, 520.405, 520.501, 520.502,
525.16, 530.3, 530.4, 547.1, 549.1, 570.6, 570.36, 570.37 and 801.30,
the Department has updated the OMB control number where the public may
access the relevant information collection approved by OMB under the
Paperwork Reduction Act. In 29 CFR 4.6, 5.5 and 516.0, the Department
has provided updated information collection requests tables showing the
current OMB control numbers associated with the referenced
recordkeeping requirements. OMB changed the agency information
collection control numbers. The correction will allow the public to
access the currently approved information collection.
In 29 CFR 553.221 and 553.231, the Department has replaced
references to firefighters with references to employees engaged in fire
protection activities to conform to a recent amendment to the FLSA. In
December 1999, Congress amended the FLSA to add a definition of
employee engaged in fire protection activities. See Public Law 106-151,
Sec. 1, 113 Stat 1731 (Dec. 9, 1999). The Department published an FLSA
Final Rule on April 5, 2011 (76 FR 18832) that incorporated the new
definition into the regulations and made several conforming revisions
in part 553, subpart C, but did not conform the language of these
provisions.
In 29 CFR 825.104 and 825.209, the Department has corrected cross-
references to the definitions section of the FMLA regulations. On
February 6, 2013, the Department published a final rule under the FMLA.
In that rule, the Department moved the FMLA definitions section from
the end of the regulations in Sec. 825.800 to the front of the
regulations in Sec. 825.102. However, the Department did not update
the cross-references to the definitions section in Sec. Sec. 825.104
and 825.109. The Department is making this correction so the reader may
easily locate the definitions section of the regulations currently
located in Sec. 825.102.
Executive Orders 12866 and 13563; Small Business Regulatory Enforcement
Fairness Act; Regulatory Flexibility
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulations. The
agency has determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, section 3(f), Regulatory Planning
and Review. Accordingly, there is no requirement for an assessment of
potential costs and benefits under section 6(a)(3) of that order.
This action is not classified as a ``rule'' under Chapter 8 of the
Small Business Regulatory Enforcement Fairness Act of 1996, because it
is pertaining to agency organization, procedure, or practice that does
not substantially affect the rights or obligations of non-agency
parties. See 5 U.S.C. 804(3)(C).
Because no notice of proposed rulemaking is required for this rule
under section 553(b) of the Administrative Procedure Act (APA), the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601)
pertaining to regulatory flexibility do not apply to this rule. See 5
U.S.C. 601(2).
Paperwork Reduction Act
This final rule is not subject to section 350(h) of the Paperwork
Reduction Act (44 U.S.C. 3501) since it does not contain any new
collection of information requirements. The final rule does, however,
update the information collection control numbers assigned by OMB to
allow the reader to locate the collections where referenced in the
regulations. The information collections referenced herein are not
subject to OMB review as they do not amend information collection
requirements.
Unfunded Mandates Reform Act
This Final Rule has been reviewed in accordance with the Unfunded
Mandates Reform Act of 1995 (UMRA). 2 U.S.C. 1501 et seq. For the
purposes of the UMRA, this rule does not impose any Federal mandate
that may result in increased expenditures by State, local or Tribal
governments, or increased expenditures by the private sector, of more
than $100 million in any year.
Executive Order 13132 (Federalism)
The Department has reviewed this rule in accordance with the
Executive Order on Federalism (Executive Order 13132, 64 FR 43255,
August 10, 1999). This rule does not have federalism implications as
outlined in E.O. 13132. The rule does not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
Executive Order 13175, Indian Tribal Governments
The Department has reviewed this rule under the terms of Executive
Order 13175 (65 FR 67249, November 6, 2000) and determined it did not
have ``tribal implications.'' The rule does not have ``substantial
direct effects on one or more Indian tribes, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes.'' As a result, no Tribal summary impact
statement has been prepared.
Effects on Families
The Department certifies that this rule will not adversely affect
the well-being of families, as discussed under section 654 of the
Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-
277).
Executive Order 13045, Protection of Children
The Department has reviewed this rule under the terms of Executive
Order 13045 (62 FR 19885, April 21, 1997, as amended by 68 FR 19931,
April 18, 2003) and determined this action is not subject to E.O. 13045
because it is not economically significant as defined in E.O. 12866 and
it does not impact the environmental health or safety risks of
children.
Environmental Impact Assessment
The Department has reviewed this rule in accordance with the
requirements of the National Environmental Policy Act of 1969 (NEPA),
42 U.S.C. 4321 et seq., the regulations of the Council of Environmental
Quality, 40 CFR 1500.1 et seq., and the Departmental NEPA procedures,
29 CFR part 11, and determined that this rule will not have a
significant impact on the quality of the human environment. There is,
therefore, no corresponding environmental assessment or an
environmental impact statement.
Executive Order 13211, Energy Supply
The Department has determined that this rule is not subject to
Executive Order 13211 (66 FR 28355, May 18, 2001). It will not have a
significant adverse effect on the supply, distribution, or use of
energy.
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Executive Order 12630, Constitutionally Protected Property Rights
The Department has determined that this rule is not subject to
Executive Order 12630 (53 FR 8859, March 15, 1988) because it does not
involve implementation of a policy ``that has taking implications'' or
that could impose limitations on private property use.
Executive Order 12988, Civil Justice Reform Analysis
The Department drafted and reviewed this Final Rule in accordance
with Executive Order 12988 (61 FR 4729, February 5, 1996) and
determined that the rule will not unduly burden the Federal court
system. The rule was: (1) Reviewed to eliminate drafting errors and
ambiguities; (2) written to minimize litigation; and (3) written to
provide a clear legal standard for affected conduct and to promote
burden reduction.
List of Subjects
29 CFR Part 1
Administrative practice and procedure, Construction industry,
Government contracts, Minimum wages.
29 CFR Part 3
Community facilities, Construction industry, Federal buildings and
facilities, Government contracts, Grant programs, Loan programs,
Minimum wages, Reporting and recordkeeping requirements.
29 CFR Part 4
Administrative practice and procedure, Employee benefit plans,
Government contracts, Law enforcement, Minimum wages, Occupational
safety and health, Reporting and recordkeeping requirements.
29 CFR Part 5
Administrative practice and procedure, Construction industry,
Employee benefit plans, Government contracts, Law enforcement, Minimum
wages, Reporting and recordkeeping requirements.
29 CFR Part 6
Administrative practice and procedure, Construction industry,
Employee benefit plans, Government contracts, Minimum wages,
Occupational safety and health.
29 CFR Part 500
Administrative practice and procedure, Aliens, Housing, Insurance,
Intergovernmental relations, Investigations, Migrant labor, Motor
vehicle safety, Occupational safety and health, Reporting and
recordkeeping requirements, Wages.
29 CFR Part 505
Arts and crafts, Grant programs--education, Minimum wages, National
Foundation on Arts and Humanities, Occupational safety and health,
Reporting and recordkeeping requirements.
29 CFR Part 516
Minimum wages, Reporting and recordkeeping requirements, Wages.
29 CFR Part 519
Agriculture, Colleges and universities, Minimum wages, Students,
Reporting and recordkeeping requirements.
29 CFR Part 520
Manpower training programs, Minimum wages, Reporting and
recordkeeping requirements, Students.
29 CFR Part 525
Administrative practice and procedure, Individuals with
disabilities, Minimum wages, Reporting and recordkeeping requirements,
Vocational rehabilitation.
29 CFR Part 530
Administrative practice and procedure, Clothing, Homeworkers,
Indian--arts and crafts, Penalties, Reporting and recordkeeping
requirements, Surety bonds, Watches and jewelry.
29 CFR Part 547
Employee benefit plans, Reporting and recordkeeping requirements.
29 CFR Part 549
Employee benefit plans, Reporting and recordkeeping requirements,
Trusts and trustees.
29 CFR Part 553
Firefighters, Government employees, Intergovernmental relations,
Law enforcement officers, Prisons, Reporting and recordkeeping
requirements, Volunteers, Wages.
29 CFR Part 570
Administrative practice and procedure, Agriculture, Child labor,
Intergovernmental relations, Occupational safety and health, Reporting
and recordkeeping requirements.
29 CFR Part 575
Agriculture, Child labor, Reporting and recordkeeping requirements.
29 CFR Part 578
Penalties, Wages.
29 CFR Part 580
Administrative practice and procedure, Child labor, Penalties,
Wages.
29 CFR Part 801
Administrative practice and procedure, Employment, Lie detector
tests, Penalties, Reporting and recordkeeping requirements.
29 CFR Part 825
Administrative practice and procedure, Airmen, Employee benefit
plans, Health insurance, Health, Labor management relations, Maternal
and child health, Penalties, Reporting and recordkeeping requirements,
Teachers.
Dated: December 20, 2016.
David Weil,
Wage and Hour Administrator.
0
For the reasons set forth above, the Department of Labor amends title
29, parts 1, 3, 4, 5, 6, 500, 505, 516, 519, 520, 525, 530, 547, 549,
553, 570, 575, 578, 580, 801, and 825 of the Code of Federal
Regulations as follows:
PART 1--PROCEDURES FOR PRE-DETERMINATION OF WAGE RATES
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 301; R.S. 161, 64 Stat. 1267; Reorganization
Plan No. 14 of 1950, 5 U.S.C. appendix; 40 U.S.C. 3141 et seq.; 40
U.S.C. 3145; 40 U.S.C. 3148; and the laws listed in appendix A of
this part.
0
2. In Sec. 1.2, revise paragraph (c) to read as follows:
Sec. 1.2 Definitions.1
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\1\ These definitions are not intended to restrict the meaning
of the terms as used in the applicable statutes.
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* * * * *
(c) The term Administrator shall mean the Administrator of the Wage
and Hour Division, U.S. Department of Labor, or authorized
representative.
* * * * *
0
3. In Sec. 1.5, revise paragraph (b)(1) to read as follows:
Sec. 1.5 Procedure for requesting wage determinations.
* * * * *
(b)(1) If a general wage determination is not available, the
Federal agency shall request a wage determination under the Davis-Bacon
Act or any of its related prevailing wage statutes by submitting Form
SF-308 to the Department of Labor at this address: U.S. Department of
Labor, Wage and Hour Division,
[[Page 2224]]
Branch of Government Construction Contract Wage Determination,
Washington, DC 20210. In preparing Form SF-308, the agency shall check
only those classifications that will be needed in the performance of
the work. Inserting a note such as ``entire schedule'' or ``all
applicable classifications'' is not sufficient. Additional
classifications needed that are not on the form may be typed in the
blank spaces or on a separate list and attached to the form.
* * * * *
PART 3--CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC
WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE
UNITED STATES
0
4. The authority citation for part 3 is revised to read as follows:
Authority: R.S. 161, sec. 2, 48 Stat. 848; Reorg. Plan No. 14
of 1950, 64 Stat. 1267; 5 U.S.C. 301; 40 U.S.C. 3145; Secretary's
Order 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014).
0
5. In Sec. 3.3, revise paragraph (b) to read as follows:
Sec. 3.3 Weekly statement with respect to payment of wages.
* * * * *
(b) Each contractor or subcontractor engaged in the construction,
prosecution, completion, or repair of any public building or public
work, or building or work financed in whole or in part by loans or
grants from the United States, shall furnish each week a statement with
respect to the wages paid each of its employees engaged on work covered
by this part 3 and part 5 of this title during the preceding weekly
payroll period. This statement shall be executed by the contractor or
subcontractor or by an authorized officer or employee of the contractor
or subcontractor who supervises the payment of wages, and shall be on
the back of Form WH 347, ``Payroll (For Contractors Optional Use)'' or
on any form with identical wording. Copies of WH 347 may be obtained
from the Government contracting or sponsoring agency or from the Wage
and Hour Division Web site at http://www.dol.gov/whd/forms/index.htm or
its successor site.
* * * * *
0
6. In Sec. 3.4, revise the parenthetical at the end of section to read
as follows:
Sec. 3.4 Submission of weekly statements and the preservation and
inspection of weekly payroll records.
* * * * *
(Reporting and recordkeeping requirements in paragraph (b) have been
approved by the Office of Management and Budget under control number
1235-0008).
PART 4--LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS
0
7. The authority citation for part 4 is revised to read as follows:
Authority: 41 U.S.C. 351 et seq.; 41 U.S.C. 38 and 39; 5 U.S.C.
301; Pub. L. 104-188, 2105(b); Pub. L. 110-28, 121 Stat. 112;
Secretary's Order 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
2014).
0
8. In Sec. 4.1a, revise paragraphs (b) and (c) to read as follows:
Sec. 4.1a Definitions and use of terms.
* * * * *
(b) Secretary includes the Secretary of Labor or their authorized
representative.
(c) Wage and Hour Division means the organizational unit of the
Department of Labor to which is assigned the performance of functions
of the Secretary under the Service Contract Act of 1965, as amended.
* * * * *
0
9. In Sec. 4.3, revise paragraph (e) to read as follows:
Sec. 4.3 Wage determinations.
* * * * *
(e) Wage determinations will be available for public inspection
during business hours at the Wage and Hour Division, U.S. Department of
Labor, Washington, DC, and copies will be made available upon request
at Regional Offices of the Wage and Hour Division. In addition, most
prevailing wage determinations are available online from WDOL. Archived
versions of SCA wage determinations that are no longer current may be
accessed in the ``Archived SCA WD'' database of WDOL for information
purposes only. Contracting officers should not use an archived wage
determination in a contract action without prior approval of the
Department of Labor.
0
10. In Sec. 4.5, revise paragraph (a)(1) to read as follows:
Sec. 4.5 Contract specifications of determined minimum wages and
fringe benefits.
(a) * * *
(1) Any wage determination from the Wage and Hour Division,
Department of Labor, responsive to the contracting agency's submission
of an e98 or obtained through WDOL under Sec. 4.4; or
* * * * *
0
11. In Sec. 4.6, revise paragraphs (b)(2)(ii) and (b)(3), the first
sentence in paragraph (g)(1), and the table in paragraph (r) to read as
follows:
Sec. 4.6 Labor standards clauses for Federal service contracts
exceeding $2,500.
* * * * *
(b) * * *
(2) * * *
(ii) Such conforming procedure shall be initiated by the contractor
prior to the performance of contract work by such unlisted class of
employee. A written report of the proposed conforming action, including
information regarding the agreement or disagreement of the authorized
representative of the employees involved or, where there is no
authorized representative, the employees themselves, shall be submitted
by the contractor to the contracting officer no later than 30 days
after such unlisted class of employees performs any contract work. The
contracting officer shall review the proposed action and promptly
submit a report of the action, together with the agency's
recommendation and all pertinent information including the position of
the contractor and the employees, to the Wage and Hour Division, U.S.
Department of Labor, for review. The Wage and Hour Division will
approve, modify, or disapprove the action or render a final
determination in the event of disagreement within 30 days of receipt or
will notify the contracting officer within 30 days of receipt that
additional time is necessary.
* * * * *
(3) If, as authorized pursuant to section 4(d) of the Service
Contract Act of 1965 as amended, the term of this contract is more than
1 year, the minimum monetary wages and fringe benefits required to be
paid or furnished thereunder to service employees shall be subject to
adjustment after 1 year and not less often than once every 2 years,
pursuant to wage determinations to be issued by the Wage and Hour
Division of the Department of Labor as provided in such Act.
* * * * *
(g)(1) The contractor and each subcontractor performing work
subject to the Act shall make and maintain for 3 years from the
completion of the work records containing the information specified in
paragraphs (g)(1)(i) through (vi) of this section for each employee
subject to the Act and shall make them available for inspection and
transcription by authorized representatives of the Wage and Hour
Division of the U.S. Department of Labor: * * *
* * * * *
(r) * * *
[[Page 2225]]
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OMB Control
Paragraph No.
------------------------------------------------------------------------
(b)(2)(i)-(iv).......................................... 1235-0007
(e)..................................................... 1235-0007
(g)(1)(i)-(iv).......................................... 1235-0007
1235-0018
(g)(1)(v)-(vi).......................................... 1235-0007
(l)(1), (2)............................................. 1235-0007
(q)(3).................................................. 1235-0007
------------------------------------------------------------------------
0
12. In Sec. 4.10, revise paragraph (b)(1)(i) introductory text to read
as follows:
Sec. 4.10 Substantial variance proceedings under section 4(c) of the
Act.
* * * * *
(b) * * *
(1)(i) A request for a hearing under this section may be made by
the contracting agency or other person affected or interested,
including contractors or prospective contractors and associations of
contractors, representatives of employees, and other interested
Governmental agencies. Such a request shall be submitted in writing to
the Administrator, Wage and Hour Division, U.S. Department of Labor,
Washington, DC 20210, and shall include the following:
* * * * *
0
13. In Sec. 4.11, revise the second sentence of paragraph (b)(1)
introductory text to read as follows:
Sec. 4.11 Arm's length proceedings.
* * * * *
(b) * * *
(1) * * * Such a request shall be submitted in writing to the
Administrator, Wage and Hour Division, U.S. Department of Labor,
Washington, DC 20210. * * *
* * * * *
0
14. In Sec. 4.12, revise paragraph (c)(1) to read as follows:
Sec. 4.12 Substantial interest proceedings.
* * * * *
(c)(1) A request for a determination under this section may be made
by any interested party, including contractors or prospective
contractors, and associations of contractors, representatives of
employees, and interested Government agencies. Such a request shall be
submitted in writing to the Administrator, Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210.
* * * * *
0
15. In Sec. 4.101, revise paragraph (g) to read as follows:
Sec. 4.101 Official rulings and interpretations in this subpart.
* * * * *
(g) It should not be assumed that the lack of discussion of a
particular subject in this subpart indicates the adoption of any
particular position by the Department of Labor with respect to such
matter or to constitute an interpretation, practice, or enforcement
policy. If doubt arises or a question exists, inquiries with respect to
matters other than safety and health standards should be directed to
the Administrator of the Wage and Hour Division, U.S. Department of
Labor, Washington, DC 20210, or any regional office of the Wage and
Hour Division. Safety and health inquiries should be addressed to the
Assistant Secretary for Occupational Safety and Health, U.S. Department
of Labor, Washington, DC 20210, or to any OSHA regional office. A full
description of the facts and any relevant documents should be submitted
if an official ruling is desired.
0
16. In Sec. 4.191, revise paragraph (d) to read as follows:
Sec. 4.191 Complaints and compliance assistance.
* * * * *
(d) In the event that an Assistant Regional Administrator for the
Wage and Hour Division, is notified of a breach or violation which also
involves safety and health standards, the Regional Administrator of the
Wage and Hour Division shall notify the appropriate Regional
Administrator of the Occupational Safety and Health Administration who
shall with respect to the safety and health violations take action
commensurate with his responsibilities pertaining to safety and health
standards.
* * * * *
PART 5--LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING
FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS
PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
0
17. The authority citation for part 5 continues to read as follows:
Authority: 5 U.S.C. 301; R.S. 161, 64 Stat. 1267;
Reorganization Plan No. 14 of 1950, 5 U.S.C. appendix; 40 U.S.C.
3141 et seq.; 40 U.S.C. 3145; 40 U.S.C. 3148; 40 U.S.C. 3701 et
seq.; and the laws listed in 5.1(a) of this part; Secretary's Order
No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C.
2461 note (Federal Civil Penalties Inflation Adjustment Act of
1990); Pub. L. 114-74 at Sec. 701, 129 Stat 584.
0
18. In Sec. 5.2, revise paragraph (b) to read as follows:
Sec. 5.2 Definitions.
* * * * *
(b) The term Administrator means the Administrator of the Wage and
Hour Division, U.S. Department of Labor, or authorized representative.
* * * * *
0
19. In Sec. 5.5, lift the suspension and revise paragraphs (a)(1)(i)
and (a)(1)(ii)(B) to read as follows:
Sec. 5.5 Contract provisions and related matters.
(a) * * *
(1) * * *
(i) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of
paragraph (a)(1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall
be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill, except as provided in Sec. 5.5(a)(4).
Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classification and wage rates conformed under
[[Page 2226]]
paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers.
(ii) * * *
(B) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and the
contracting officer agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division,
U.S. Department of Labor, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
* * * * *
0
20. In Sec. 5.5, revise the table following paragraph (c) to read as
follows:
* * * * *
(c) * * *
------------------------------------------------------------------------
OMB Control
Paragraph No.
------------------------------------------------------------------------
(a)(1)(ii)(B)........................................... 1235-0023
(a)(1)(ii)(C)........................................... 1235-0023
(a)(1)(iv).............................................. 1235-0023
(a)(3)(i)............................................... 1235-0023
(a)(3)(ii)(A)........................................... 1235-0023
1235-0008
(c)..................................................... 1235-0023
------------------------------------------------------------------------
0
21. In Sec. 5.12, revise paragraphs (c) and (d)(3)(i) to read as
follows:
Sec. 5.12 Debarment proceedings.
* * * * *
(c) Any person or firm debarred under paragraph (a)(1) of this
section may in writing request removal from the debarment list after
six months from the date of publication by the Comptroller General of
such person or firm's name on the ineligible list. Such a request
should be directed to the Administrator of the Wage and Hour Division,
U.S. Department of Labor, Washington, DC 20210, and shall contain a
full explanation of the reasons why such person or firm should be
removed from the ineligible list. In cases where the contractor or
subcontractor failed to make full restitution to all underpaid
employees, a request for removal will not be considered until such
underpayments are made. In all other cases, the Administrator will
examine the facts and circumstances surrounding the violative practices
which caused the debarment, and issue a decision as to whether or not
such person or firm has demonstrated a current responsibility to comply
with the labor standards provisions of the statutes listed in Sec.
5.1, and therefore should be removed from the ineligible list. Among
the factors to be considered in reaching such a decision are the
severity of the violations, the contractor or subcontractor's attitude
towards compliance, and the past compliance history of the firm. In no
case will such removal be effected unless the Administrator determines
after an investigation that such person or firm is in compliance with
the labor standards provisions applicable to Federal contracts and
Federally assisted construction work subject to any of the applicable
statutes listed in Sec. 5.1 and other labor statutes providing wage
protection, such as the Service Contract Act, the Walsh-Healey Public
Contracts Act, and the Fair Labor Standards Act. If the request for
removal is denied, the person or firm may petition for review by the
Administrative Review Board pursuant to 29 CFR part 7.
(d) * * *
(3)(i) A request for a determination of interest (or substantial
interest, as appropriate), may be made by any interested party,
including contractors or prospective contractors and associations of
contractor's representatives of employees, and interested Government
agencies. Such a request shall be submitted in writing to the
Administrator, Wage and Hour Division, U.S. Department of Labor,
Washington, DC 20210.
* * * * *
0
22. Revise Sec. 5.13 to read as follows:
Sec. 5.13 Rulings and interpretations.
All questions relating to the application and interpretation of
wage determinations (including the classifications therein) issued
pursuant to part 1 of this subtitle, of the rules contained in this
part and in parts 1 and 3, and of the labor standards provisions of any
of the statutes listed in Sec. 5.1 shall be referred to the
Administrator for appropriate ruling or interpretation. The rulings and
interpretations shall be authoritative and those under the Davis-Bacon
Act may be relied upon as provided for in section 10 of the Portal-to-
Portal Act of 1947 (29 U.S.C. 259). Requests for such rulings and
interpretations should be addressed to the Administrator, Wage and Hour
Division, U.S. Department of Labor, Washington, DC 20210.
0
23. In Sec. 5.15, revise the parenthetical at the end of the section
to read as follows:
Sec. 5.15 Limitations, variations, tolerances, and exemptions under
the Contract Work Hours and Safety Standards Act.
* * * * *
(Reporting and recordkeeping requirements in paragraph (d)(2) have
been approved by the Office of Management and Budget under control
numbers 1235-0023 and 1235-0018. Reporting and recordkeeping
requirements in paragraph (d)(3)(ii) have been approved by the
Office of Management and Budget under control number 1235-0018).
PART 6--RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING
LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION
CONTRACTS AND FEDERAL SERVICE CONTRACTS
0
24. The authority citation for part 6 continues to read as follows:
Authority: Secs. 4 and 5, 79 Stat. 1034, 1035 as amended by 86
Stat. 789, 790, 41 U.S.C. 353 and 354; 5 U.S.C. 301; Reorg. Plan No.
14 of 1950, 64 Stat. 1267, 5 U.S.C. Appendix; 46 Stat. 1494, as
amended by 49 Stat. 1011, 78 Stat. 238, 40 U.S.C. 276a-276a-7; 76
Stat. 357-359, 40 U.S.C. 327-332; 48 Stat. 948, as amended by 63
Stat. 108, 72 Stat. 967, 40 U.S.C. 276c.
0
25. In Sec. 6.2, revise paragraph (a) to read as follows:
Sec. 6.2 Definitions.
(a) Administrator means the Administrator of the Wage and Hour
Division, U.S. Department of Labor, or authorized representative.
* * * * *
PART 500--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
0
26. The authority citation for part 500 continues to read as follows:
Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872);
Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
2014); 28 U.S.C. 2461 Note (Federal Civil Penalties Inflation
Adjustment Act of 1990); and Pub. L. 114-74, 129 Stat 584.
0
27. In Sec. 500.7, revise paragraph (c) to read as follows:
Sec. 500.7 Investigation authority of the Secretary.
* * * * *
(c) Any person may report a violation of the Act or these
regulations to the Secretary by advising any local office of the
Employment Service of the various States, or any office of the Wage and
Hour Division, U.S. Department of Labor, or any other authorized
[[Page 2227]]
representative of the Administrator. The office or person receiving
such a report shall refer it to the appropriate office of the Wage and
Hour Division, for the region or area in which the reported violation
is alleged to have occurred.
* * * * *
0
28. In Sec. 500.20, revise paragraph (a) to read as follows:
Sec. 500.20 Definitions.
* * * * *
(a) Administrator means the Administrator of the Wage and Hour
Division, United States Department of Labor, and such authorized
representatives as may be designated by the Administrator to perform
any of the functions of the Administrator under this part.
* * * * *
0
29. In Sec. 500.41, revise paragraph (b) to read as follows:
Sec. 500.41 Farm labor contractor is responsible for actions of his
farm labor contractor employee.
* * * * *
(b) Farm Labor Contractor Employee Certificate of Registration is
valid only during the period in which the holder is an employee of the
registered farm labor contractor named on the Farm Labor Contractor
Employee Certificate. If prior to the expiration of the Employee
Certificate, the holder through a change in employment, should become
an employee of a different registered farm labor contractor, a
replacements Employee Certificate which names the new employer may be
obtained by submitting to the regional office that issued the original
employee certificate or to any regional office of the Wage and Hour
Division, a written statement that includes the date of the change in
employment status and the name, the permanent place of residence and
certificate registration number of the new employer. Any such change
should be reported immediately.
0
30. Revise Sec. 500.56 to read as follows:
Sec. 500.56 Replacement of Certificate of Registration or Farm Labor
Contractor Employee Certificate.
If a Certificate of Registration or a Farm Labor Contractor
Employee Certificate is lost or destroyed, a duplicate certificate may
be obtained by the submission to the regional office that issued it or
to any regional office of the Wage and Hour Division, of a written
statement explaining its loss or destruction, indicating where the
original application was filed and requesting that a duplicate be
issued.
0
31. In Sec. 500.215, revise paragraph (b) to read as follows:
Sec. 500.215 Change of address.
* * * * *
(b) The notification required in paragraph (a) of this section
shall be in writing, by certified mail and addressed to the
Administrator, Wage and Hour Division, 200 Constitution Avenue NW,
Washington, DC 20210.
* * * * *
PART 505--LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY
GRANTS FROM THE NATIONAL ENDOWMENT FOR THE ARTS AND HUMANITIES
0
32. The authority citation for part 505 is revised to read as follows:
Authority: Sec. 5(j), Pub. L. 89-209, 79 Stat. 848 (20 U.S.C.
954(i)); sec. 7(g), Pub. L. 94-462, 90 Stat. 1971, as amended by
sec. 107(4), Pub. L. 99-194, 99 Stat. 1337 (20 U.S.C. 956(g));
Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24,
2014); Secretary's Order 01-2012 (Jan. 18, 2012), 77 FR 3912 (Jan.
25, 2012).
0
33. In Sec. 505.2, revise paragraph (c) to read as follows:
Sec. 505.2 Definitions.
* * * * *
(c) The term Administrator means the Administrator of the Wage and
Hour Division, U.S. Department of Labor, or authorized representative,
to whom is assigned the performance of functions of the Secretary
pertaining to wages under the National Foundation on the Arts and the
Humanities Act of 1965, as amended.
* * * * *
0
34. In Sec. 505.5, revise the parenthetical at the end of the section
to read as follows:
Sec. 505.5 Adequate assurances.
* * * * *
(The requirements in paragraph (b) were approved by the Office of
Management and Budget under control number 1235-0018).
PART 516--RECORDS TO BE KEPT BY EMPLOYERS
0
35. The authority citation for part 516 continues to read as follows:
Authority: Sec. 11, 52 Stat. 1066, as amended, 29 U.S.C. 211.
Section 516.28 also issued under Pub. L. 104-188, 2105(b); Pub. L.
110-28, 121 Stat. 112. Section 516.33 also issued under 52 Stat.
1060, as amended; 29 U.S.C. 201 et seq. Section 516.34 also issued
under Sec. 7, 103 Stat. 944, 29 U.S.C. 207(q).
0
36. Revise Sec. 516.0 to read as follows:
------------------------------------------------------------------------
Currently
Subpart or section where information collection assigned OMB
requirement is located Control No.
------------------------------------------------------------------------
Subpart A............................................... 1235-0018
Subpart B............................................... 1235-0018
516.31 also discussed in................................ 1235-0001
------------------------------------------------------------------------
PART 519--EMPLOYMENT OF FULL-TIME STUDENTS AT SUBMINIMUM WAGES
0
37. The authority citation for part 519 continues to read as follows:
Authority: Secs. 11 and 14, 52 Stat. 1068; sec. 11, 75 Stat.
74; secs. 501 and 602, 80 Stat. 843, 844 (29 U.S.C. 211, 214).
0
38. In Sec. 519.11, revise the first sentence of paragraph (a) to read
as follows:
Sec. 519.11 Applicability of the regulations in this subpart.
(a) Statutory provisions. Under section 14 of the Fair Labor
Standards Act of 1938, as amended, and the authority and responsibility
delegated to him/her by the Secretary of Labor (36 FR 8755), the
Administrator of the Wage and Hour Division is authorized and directed,
to the extent necessary in order to prevent curtailment of employment
opportunities for employment, to provide by regulation or order for the
employment, under certificates, of full-time students in institutions
of higher education. * * *
* * * * *
PART 520--EMPLOYMENT UNDER SPECIAL CERTIFICATE OF MESSENGERS,
LEARNERS, (INCLUDING STUDENT-LEARNERS), AND APPRENTICES
0
39. The authority citation for part 520 continues to read as follows:
Authority: Sec. 14, 52 Stat. 1062, 1064 (29 U.S.C. 214); secs.
2-12, 60 Stat. 237-244; (5 U.S.C. 1001-1011); 52 Stat. 1068, as
amended, 29 U.S.C. 214.
0
40. Amend Sec. 520.300 by revising the definitions of
``Administrator'' and ``Wage and Hour Division'' to read as follows:
Sec. 520.300 Definitions.
Administrator means the Administrator of the Wage and Hour
Division, United States Department of Labor, or his/her authorized
representative.
* * * * *
Wage and Hour Division means the Wage and Hour Division, United
States Department of Labor.
0
41. In Sec. 520.403, revise the parenthetical at end of section to
read as follows:
[[Page 2228]]
Sec. 520.403 What information is required when applying for authority
to pay less than the minimum wage?
* * * * *
(The information collection requirements contained in paragraphs
(a), (b), and (c) were approved by the Office of Management and
Budget under control number 1235-0001).
0
42. In Sec. 520.405, revise the parenthetical at the end of section to
read as follows:
Sec. 520.405 Must I notify my employees that I am applying for a
certificate to employ messengers and/or learners at subminimum wages?
* * * * *
(The information collection requirements contained herein were
approved by the Office of Management and Budget under control number
1235-0001).
0
43. In Sec. 520.501, revise the parenthetical at end of section to
read as follows:
Sec. 520.501 How do I obtain authority to employ student-learners at
subminimum wages?
* * * * *
(The information collection requirements contained in paragraph (b)
were approved by the Office of Management and Budget under control
number 1235-0001).
0
44. In Sec. 520.502, revise parenthetical at end of section to read as
follows:
Sec. 520.502 What information must an application to employ student-
learners at subminimum wages contain?
* * * * *
(The information collection requirements in paragraphs (a), (b),
(c), (d), (e), (f), (g), (h), and (i) were approved by the Office of
Management and Budget under control number 1235-0001).
PART 525--EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL
CERTIFICATES
0
45. The authority citation for part 525 continues to read as follows:
Authority: 52 Stat. 1060, as amended (29 U.S.C. 201-219); Pub.
L. 99-486, 100 Stat. 1229 (29 U.S.C. 214).
0
46. In Sec. 525.16, revise the parenthetical at the end of section to
read as follows:
Sec. 525.16 Records to be kept by employers.
* * * * *
(Approved by the Office of Management and Budget under control
number 1235-0001).
0
47. In Sec. 525.22, revise paragraph (a) to read as follows:
Sec. 525.22 Employee's right to petition.
(a) Any employee receiving a special minimum wage at a rate
specified pursuant to subsection 14(c) of FLSA or the parent or
guardian of such an employee may petition the Secretary to obtain a
review of such special minimum wage rate. No particular form of
petition is required, except that a petition must be signed by the
individual, or the parent or guardian of the individual, and should
contain the name and address of the employee and the name and address
of the employee's employer. A petition may be filed in person or by
mail with the Administrator of the Wage and Hour Division, U.S.
Department of Labor, Room S3502, 200 Constitution Avenue NW.,
Washington, DC 20210. The petitioner may be represented by counsel in
any stage of such proceedings. Upon receipt, the petition shall be
forwarded immediately to the Chief Administrative Law Judge.
* * * * *
PART 530--EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
0
48. The authority citation for part 530 continues to read as follows:
Authority: Sec. 11, 52 Stat. 1066 (29 U.S.C. 211) as amended by
sec. 9, 63 Stat. 910 (29 U.S.C. 211(d)); Secretary's Order No. 01-
2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014); 28 U.S.C. 2461
note (Federal Civil Penalties Inflation Adjustment Act of 1990);
Pub. L. 114-74 at Sec. 701, 129 Stat 584.
0
49. In Sec. 530.1, revise paragraph (b) to read as follows:
Sec. 530.1 Definitions.
* * * * *
(b) Administrator as used in this part means the Administrator of
the Wage and Hour Division, U.S. Department of Labor, or an authorized
representative of the Administrator.
* * * * *
0
50. In Sec. 530.3, revise the parenthetical at end of section to read
as follows:
Sec. 530.3 Application forms for individual homeworker certificates.
* * * * *
(Approved by the Office of Management and Budget under control
number 1235-0001).
0
51. In Sec. 530.4, revise parenthetical at end of section to read as
follows:
Sec. 530.4 Terms and conditions for the issuance of individual
homeworker certificates.
* * * * *
(Information collection requirements contained in paragraph (a) were
approved by the Office of Management and Budget under control number
1235-0001).
0
52. In Sec. 530.101, revise paragraph (c) to read as follows:
Sec. 530.101 General.
* * * * *
(c) Certificates authorizing such employment may be issued on the
following terms and conditions upon written application to the
Administrator, Wage and Hour Division, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210.
0
53. Revise Sec. 530.102 to read as follows:
Sec. 530.102 Requests for employer certificates.
The initial request for certification or renewal application shall
be signed by the employer and shall contain the name of the firm, its
mailing address, the physical location of the firm's principal place of
business and a description of the business operations and items
produced. In addition, the initial or renewal application shall contain
the names, addresses, and languages (if other than English) spoken by
the homeworkers that are currently employed (if any) or expected to be
employed. The employer shall also provide the Administrator, within
thirty (30) days, a notice of each change of address of the principal
place of business. The notification shall be in writing and addressed
to the Administrator, Wage and Hour Division, 200 Constitution Avenue
NW., Washington, DC 20210.
0
54. In Sec. 530.403, revise paragraph (a) to read as follows:
Sec. 530.403 Request for hearing.
(a) Except in the case of an emergency revocation under Sec.
530.411 of this subpart, a request for an administrative hearing on a
determination referred to in Sec. 530.402 of this subpart shall be
made in writing to the Administrator of the Wage and Hour Division,
U.S. Department of Labor, Washington, DC 20210, and must be received no
later than thirty (30) days after issuance of the notice referred to in
Sec. 530.402 of this subpart.
* * * * *
PART 547--REQUIREMENTS OF A ``BONA FIDE THRIFT OR SAVINGS PLAN''
0
55. The authority citation for part 547 continues to read as follows:
Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207.
0
56. In Sec. 547.1, revise parenthetical at end of section to read as
follows:
Sec. 547.1 Essential requirements for qualifications.
* * * * *
(Approved by the Office of Management and Budget under control
number 1235-0013).
[[Page 2229]]
PART 549--REQUIREMENTS OF A ``BONA FIDE PROFIT SHARING PLAN OR
TRUST''
0
57. The authority citation for part 549 continues to read as follows:
Authority: Sec. 7, 52 Stat. 1063, as amended; 29 U.S.C. 207.
0
58. In Sec. 549.1, revise the parenthetical at the end of the section
to read as follows:
Sec. 549.1 Essential requirements for qualifications.
* * * * *
(Approved by the Office of Management and Budget under control
number 1235-0013).
PART 553--APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES
OF STATE AND LOCAL GOVERNMENTS
0
59. The authority citation for part 553 continues to read as follows:
Authority: Secs. 1-19, 52 Stat. 1060, as amended (29 U.S.C. 201-
219); Pub. L. 99-150, 99 Stat. 787 (29 U.S.C. 203, 207, 211). Pub.
L. 106-151, 113 Stat. 1731 (29 U.S.C. 203(y)).
0
60. In Sec. 553.221, revise paragraph (a) to read as follows:
Sec. 553.221 Compensable hours of work.
(a) The general rules on compensable hours of work are set forth in
29 CFR part 785 which is applicable to employees for whom the section
7(k) exemption is claimed. Special rules for sleep time (Sec. 553.222)
apply to both law enforcement and employees in fire protection
activities for whom the section 7(k) exemption is claimed. Also,
special rules for meal time apply in the case of employees in fire
protection activities (Sec. 553.223). Part 785 does not discuss the
special provisions that apply to State and local government workers
with respect to the treatment of substitution, special details for a
separate and independent employer, early relief, and work performed on
an occasional or sporadic and part-time basis, all of which are covered
in this subpart.
* * * * *
0
61. In Sec. 553.231, revise paragraph (b) to read as follows:
Sec. 553.231 Compensatory time off.
* * * * *
(b) Section 7(k) permits public agencies to balance the hours of
work over an entire work period for law enforcement and fire protection
employees. For example, if an employee engaged in fire protection
activities' work period is 28 consecutive days, and he or she works 80
hours in each of the first two weeks, but only 52 hours in the third
week, and does not work in the fourth week, no overtime compensation
(in cash wages or compensatory time) would be required since the total
hours worked do not exceed 212 for the work period. If the same
employee in fire protection activities had a work period of only 14
days, overtime compensation or compensatory time off would be due for
54 hours (160 minus 106 hours) in the first 14 day work period.
PART 570--CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF
INTERPRETATION
Subpart A--General
0
62. The authority citation for subpart A continues to read as follows:
Authority: Secs. 3, 11, 12, 52 Stat. 1060, as amended, 1066, as
amended, 1067, as amended; 29 U.S.C. 203, 211, 212.
0
63. In Sec. 570.1, revise paragraph (g) to read as follows:
Sec. 570.1 Definitions.
* * * * *
(g) Wage and Hour Division means the Wage and Hour Division, United
States Department of Labor.
* * * * *
0
64. The authority citation for subpart B continues to read as follows:
Subpart B--Certificates of Age
Authority: 29 U.S.C. 203(l), 211, 212.
0
65. In Sec. 570.6, revise the parenthetical at the end of the section
to read as follows:
Sec. 570.6 Contents and disposition of certificates of age.
* * * * *
(The information collection requirements contained in paragraph (a)
were approved by the Office of Management and Budget under control
number 1235-0018.)
0
66. The authority citation for subpart C continues to read as follows:
Subpart C--Employment of Minors Between 14 and 16 Years of Age
(Child Labor Reg. 3)
Authority: 29 U.S.C. 203(l), 212, 213(c).
0
67. In Sec. 570.36, revise the parenthetical at the end of the section
to read as follows:
Sec. 570.36 Work experience and career exploration program.
* * * * *
(The information collection requirements contained in paragraphs
(b)(3)(vi) and (4) were approved by the Office of Management and
Budget under control number 1235-0018.)
0
68. In Sec. 570.37, revise the parenthetical at the end of section to
read as follows:
Sec. 570.37 Work-study program.
* * * * *
(The information collection requirements contained in Sec. 570.37
were approved by the Office of Management and Budget under control
number 1235-0018.)
PART 575--WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL
EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT
SEASON CROPS
0
69. The authority citation for part 575 is revised to read as follows:
Authority: Secs. 11, 12, 13, 18, 52 Stat. 1067, 1069, as
amended; 29 U.S.C. 211, 212, 213, 218; Secretary's Order 01-2014
(Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014).
0
70. In Sec. 575.2, revise the definition of ``Administrator'' to read
as follows:
Sec. 575.2 Definitions.
* * * * *
Administrator means the Administrator of the Wage and Hour
Division, U.S. Department of Labor, and includes an authorized
representative designated by the Administrator to perform any of the
functions of the Administrator under this part.
* * * * *
0
71. In Sec. 575.3, revise paragraph (a) to read as follows:
Sec. 575.3 Application for waiver.
(a) An application for a waiver shall be filed with the
Administrator of the Wage and Hour Division, United States Department
of Labor, Washington, DC 20210. To permit adequate time for processing,
it is recommended that such applications be filed 6 weeks prior to the
period the waiver is to be in effect.
* * * * *
PART 578--MINIMUM WAGE AND OVERTIME VIOLATIONS--CIVIL MONEY
PENALTIES
0
72. The authority citation for part 578 continues to read as follows:
Authority: Sec. 9, Pub. L. 101-157, 103 Stat. 938, sec. 3103,
Pub. L. 101-508, 104 Stat. 1388-29 (29 U.S.C. 216(e)), Pub. L. 101-
410, 104 Stat. 890 (28 U.S.C. 2461 note), as amended by Pub. L. 104-
134, section 31001(s), 110 Stat. 1321-358, 1321-373, and Pub. L.
114-74, 129 Stat. 584.
0
73. In Sec. 578.2, revise paragraph (b) to read as follows:
Sec. 578.2 Definitions.
* * * * *
(b) Administrator means the Administrator of the Wage and Hour
[[Page 2230]]
Division, U.S. Department of Labor, and includes any official of the
Wage and Hour Division who is authorized by the Administrator to
perform any of the functions of the Administrator under this part.
* * * * *
PART 580--CIVIL MONEY PENALTIES--PROCEDURES FOR ASSESSING AND
CONTESTING PENALTIES
0
74. The authority citation for part 580 is revised to read as follows:
Authority: 29 U.S.C. 9a, 203, 209, 211, 212, 213(c), 216;
Reorg. Plan No. 6 of 1950, 64 Stat. 1263, 5 U.S.C. App; secs. 25,
29, 88 Stat. 72, 76; Secretary's Order 01-2014 (Dec. 19, 2014), 79
FR 77527 (Dec. 24, 2014); 5 U.S.C. 500, 503, 551, 559; 103 Stat.
938.
0
75. In Sec. 580.1, revise the definition of ``Administrator'' to read
as follows:
Sec. 580.1 Definitions.
* * * * *
Administrator means the Administrator of the Wage and Hour
Division, U.S. Department of Labor, and includes any official of the
Wage and Hour Division authorized by the Administrator to perform any
of the functions of the Administrator under this part and parts 578 and
579 of this chapter.
* * * * *
PART 801--APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF
1988
0
76. The authority citation for part 801 continues to read as follows:
Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009;
28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment
Act of 1990); Pub. L. 114-74 at Sec. 701, 129 Stat. 584.
0
77. In Sec. 801.2:
0
a. Remove paragraph (h);
0
b. Redesignate paragraphs (i) and (j) as paragraphs (h) and (i),
respectively; and
0
c. Revise newly redesignated paragraph (h).
The revision reads as follows:
Sec. 801.2 Definitions.
* * * * *
(h) Wage and Hour Division means the organizational unit of the
Department of Labor to which is assigned primary responsibility for
enforcement and administration of the Act.
* * * * *
0
78. In Sec. 801.7, revise paragraph (d) to read as follows:
Sec. 801.7 Authority of the Secretary.
* * * * *
(d) Any person may report a violation of the Act or these
regulations to the Secretary by advising any local office of the Wage
and Hour Division, U.S. Department of Labor, or any authorized
representative of the Administrator. The office or person receiving
such a report shall refer it to the appropriate office of the Wage and
Hour Division for the region or area in which the reported violation is
alleged to have occurred.
* * * * *
0
79. In Sec. 801.30, revise the parenthetical at the end of section to
read as follows:
Sec. 801.30 Records to be preserved for 3 years.
* * * * *
(Approved by the Office of Management and Budget under control
number 1235-0005.)
PART 825--THE FAMILY AND MEDICAL LEAVE ACT OF 1993
0
80. The authority citation for part 525 continues to read as follows:
Authority: 29 U.S.C. 2654; 28 U.S.C. 2461 Note (Federal Civil
Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at
Sec. 701.
0
81. In Sec. 825.104, revise paragraph (b) to read as follows:
Sec. 825.104 Covered employer.
* * * * *
(b) The terms commerce and industry affecting commerce are defined
in accordance with section 501(1) and (3) of the Labor Management
Relations Act of 1947 (LMRA) (29 U.S.C. 142(1) and (3)), as set forth
in the definitions at Sec. 825.102 of this part. For purposes of the
FMLA, employers who meet the 50-employee coverage test are deemed to be
engaged in commerce or in an industry or activity affecting commerce.
* * * * *
0
82. In Sec. 825.209, revise paragraph (a) to read as follows:
Sec. 825.209 Maintenance of employee benefits.
(a) During any FMLA leave, an employer must maintain the employee's
coverage under any group health plan (as defined in the Internal
Revenue Code of 1986 at 26 U.S.C. 5000(b)(1) on the same conditions as
coverage would have been provided if the employee had been continuously
employed during the entire leave period. All employers covered by FMLA,
including public agencies, are subject to the Act's requirements to
maintain health coverage. The definition of group health plan is set
forth in Sec. 825.102. For purposes of FMLA, the term group health
plan shall not include an insurance program providing health coverage
under which employees purchase individual policies from insurers
provided that:
(1) No contributions are made by the employer;
(2) Participation in the program is completely voluntary for
employees;
(3) The sole functions of the employer with respect to the program
are, without endorsing the program, to permit the insurer to publicize
the program to employees, to collect premiums through payroll
deductions and to remit them to the insurer;
(4) The employer receives no consideration in the form of cash or
otherwise in connection with the program, other than reasonable
compensation, excluding any profit, for administrative services
actually rendered in connection with payroll deduction; and,
(5) The premium charged with respect to such coverage does not
increase in the event the employment relationship terminates.
* * * * *
0
83. In Sec. 825.401, revise paragraph (a) to read as follows:
Sec. 825.401 Filing a complaint with the Federal Government.
(a) A complaint may be filed in person, by mail or by telephone,
with the Wage and Hour Division, U.S. Department of Labor. A complaint
may be filed at any local office of the Wage and Hour Division; the
address and telephone number of local offices may be found in telephone
directories or on the Department's Web site.
* * * * *
[FR Doc. 2016-31293 Filed 1-6-17; 8:45 am]
BILLING CODE 4510-27-P