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Washington Labor & Employment Wire » DOL Publishes Semi-Annual Regulatory Agenda

DOL Publishes Semi-Annual Regulatory Agenda


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On April 26, 2010, the Department of Labor published its semi-annual regulatory agenda in the Federal Register. The agenda presents the rules DOL will seek to review or develop in the next 12 months. Highlights of the agenda include:

(1) Developing regulations to strengthen federal contractors’ affirmative action requirements, including improving recruitment and placement of employs with disabilities. This Notice of Proposed Rule-Making should be published by December 2010.

(2) Undertaking a regulatory initiative to “better implement the public disclosure objectives” of the Labor-Management Reporting and Disclosure Act (LMRDA). This initiative would seek to narrow the definition of the “advice” exception to disclosure. Currently a consultant to an employer does not have to disclose its involvement in persuading employees concerning their rights to collectively organize and bargain if the consultant is only giving advice. The notice and comment would seek to address the “advice” exception that DOL currently considers to be “overbroad.” This Notice of Proposed Rule-Making should be published by November 2010.

(3) Reviewing the size, form, and content of the notice of federal labor laws that must be posted by federal contractors. A final rule should be issued under 29 CFR § 471 by June 2010.

(4) Issuing a final rule for Executive Order 13495, the Non-displacement of Qualified Workers Under Service Contracts, which requires a successor contractor to give qualified employees of the predecessor contract a right of refusal. The comment period for this rule will end on May 18, 2010, and a final rule should be issued by December 2010.

(5) Updating record-keeping regulations under the FLSA in order to enhance transparency and disclosure to workers of how pay is computed, and to modernize timekeeping for workers who telecommute or have flex-time arrangements. This Notice of Proposed Rule-Making should be published by June 2010.

(6) Examining, in light of the changes in the home care industry, the regulations of the FLSA that exclude from FLSA requirements those workers who provide “companionship services.” This Notice of Proposed Rule-Making should be published by October 2011.

(7) Finalizing regulations for the H-2B visa program allowing the importation of workers into the United States. This Notice of Proposed Rule-Making should be published by October 2011.