2016-31293: 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

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.

The agency’s own summary, as published.

What this changes

Amends 21 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 29 CFR 1 Procedures for Predetermination of Wage Rates
• 29 CFR 3 Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States
• 29 CFR 4 Labor Standards for Federal Service Contracts
• 29 CFR 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)
• 29 CFR 6 Rules of Practice for Administrative Proceedings Enforcing Labor Standards in Federal and Federally Assisted Construction Contracts and Federal Service Contracts
• 29 CFR 500 Migrant and Seasonal Agricultural Worker Protection
• 29 CFR 505 Labor Standards on Projects or Productions Assisted by Grants from the National Endowments for the Arts and Humanities
• 29 CFR 516 Records to Be Kept by Employers
• 29 CFR 519 Employment of Full-Time Students at Subminimum Wages
• 29 CFR 520 Employment Under Special Certificate of Messengers, Learners (Including Student-Learners), and Apprentices
• 29 CFR 525 Employment of Workers with Disabilities Under Special Certificates
• 29 CFR 530 Employment of Homeworkers in Certain Industries
• 29 CFR 547 Requirements of a “Bona Fide Thrift or Savings Plan”
• 29 CFR 549 Requirements of a “Bona Fide Profit-Sharing Plan or Trust”
• 29 CFR 553 Application of the Fair Labor Standards Act to Employees of State and Local Governments
• 29 CFR 570 Child Labor Regulations, Orders and Statements of Interpretation
• 29 CFR 575 Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors in Hand Harvesting of Short Season Crops
• 29 CFR 578 Tip Retention, Minimum Wage, and Overtime Violations—Civil Money Penalties
• 29 CFR 580 Civil Money Penalties—Procedures for Assessing and Contesting Penalties
• 29 CFR 801 Application of the Employee Polygraph Protection Act of 1988
• 29 CFR 825 The Family and Medical Leave Act of 1993