The Department of Labor is proposing to move certain interpretive rules and policy statements related to the Fair Labor Standards Act from the Code of Federal Regulations to the Wage and Hour Division’s Field Operations Handbook. DOL says these provisions were never subject to notice-and-comment rulemaking.
The most significant provisions relate to the FLSA’s motor carrier exemption. Other impacted provisions relate to seafarers and the fishing industry and employees of some radio and television stations. Outdated provisions related to the retail and service industry would be repealed.
After de-codifying the provisions, DOL will determine whether to propose them as legislative or interpretive regulations, retain them as sub-regulatory interpretive guidance, or amend or eliminate them. DOL says that substantive changes to these interpretive rules do not require public notice.
DOL plans to retain codified provisions that have been subject to at least some notice-and-comment procedures, including provisions related to overtime, hours worked, and independent contractor status. Public comments are due August 1.
Keeping interpretive guidance in the CFR with binding regulations could mislead the public into thinking the former carries legal weight, DOL says.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.