The U.S. Department of Labor (DOL) has finalized new regulations governing the process used by the Department for issuing, rescinding, and modifying agency “guidance” documents. The new regulations also address public access to guidance, notice-and-comment rules applicable to certain “significant” guidance, and a process to allow members of the public to submit petitions for amendment or repeal of guidance.
The new regulations, which – ironically – were issued in final form without any advance notice or opportunity for public comments, respond to President Trump’s Executive Order (E.O.) 13891, Promoting the Rule of Law through Improved Agency Guidance Documents. The Labor Department’s new rules are similar in many ways to proposed rules for guidance issued earlier this year by the Equal Employment Opportunity Commission, and which CWC endorsed in public comments submitted to the EEOC.
Members of the Center for Workplace Compliance (CWC) can read more here.