The Department of Labor is proposing to move certain interpretive rules and policy statements related to the Fair Labor Standards Act (FLSA) from the Code of Federal Regulations (CFR) to the Field Operations Handbook. According to DOL’s proposal, these provisions have never been subject to notice-and-comment rulemaking.
The most significant interpretations impacted by the proposal are those related to the FLSA’s motor carrier exemption. Other impacted provisions include those related to work as seafarers or in the fishing industry, and employees of certain radio and television stations. Outdated provisions related to the retail and service industry would be repealed.
DOL states that after it de-codifies the provisions, it plans to assess each and determine next steps, which include:
- proposing them as legislative or interpretive regulations;
- retaining them as sub-regulatory interpretive guidance; or
- amending or eliminating them.
DOL said that substantive changes to these interpretive rules do not require public notice.
DOL plans on retaining codified provisions that have been subject to at least some notice-and-comment procedures, such as provisions related to overtime, hours worked, and employee versus independent contractor status.
Comments are due August 1.