Federal Register: November 13, 2009 (Volume 74, Number 218)
DOCID: fr13no09-124 FR Doc E9-27339
DEPARTMENT OF LABOR
Veterans Affairs Department
NOTICE: Part IV
DOCID: fr13no09-124
SUBJECT CATEGORY:
Delegation of Authorities and Assignment of Responsibilities to the Administrator, Wage and Hour Division
DOCUMENT SUMMARY:
1. Purpose. To delegate authorities and assign responsibilities to the Administrator, Wage and Hour Division.
2. Authorities. This Order is issued under the authority of 5 U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 et seq. (Establishment of Department; Secretary; Seal); and Reorganization Plan No. 6 of 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); and the authorities cited in Section 5 of this Order.
3. Directives Affected. Secretary's Order 12008 (Employment Standards) is hereby canceled. All other Secretary's Orders and DOL directives (including policies and guidance) which reference Secretary's Orders 12008 or the Employment Standards Administration are amended to refer to this Order and/or Secretary's Orders governing the Office of Workers' Compensation Programs, Office of Federal Contract Compliance Programs, or the Office of LaborManagement Standards, as appropriate.
4. Background. This Order is occasioned by the November 8, 2009 dissolution of the Employment Standards Administration (ESA) into its four constituent components: The Wage and Hour Division (WHD); the Office of Federal Contract Compliance Programs; the Office of Workers' Compensation Programs; and the Office of LaborManagement Standards. This Order cancels Secretary's Order 12008 and constitutes the Secretary's Order devolving certain authorities and responsibilities of ESA to WHD. Specifically, this Order delegates authorities and assigns responsibilities to the Administrator, WHD. The authorities and responsibilities specified below are consistent with the current ESA redelegation and distribution of authorities and responsibilities to WHD in effect at the time of this dissolution.
5. Delegations of Authority and Assignment of Responsibility
A. The Administrator, Wage and Hour Division is hereby delegated
authority and assigned responsibility, except as hereinafter provided,
for carrying out the employment standards, labor standards, and labor
management standards policies, programs, and activities of the
Department of Labor, including those functions to be performed by the
Secretary of Labor under the designated provisions of the following statutes:
(1) The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201
et seq. (FLSA), including the issuance thereunder of child labor
hazardous occupation orders and other regulations concerning child
labor standards, and subpoena authority under 29 U.S.C. 209. Authority
and responsibility for the Equal Pay Act, Section 6(d) of the FLSA,
were transferred to the Equal Employment Opportunity Commission on July
1, 1979, pursuant to the President's Reorganization Plan No. 1 of
February 1978, set out in the Appendix to Title 5, Government Organization and Employees.
(2) The WalshHealey Public Contracts Act of 1936, as amended, 41
U.S.C. 35 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health or the Assistant Secretary for Mine Safety and Health. The
authority of the Administrator, WHD includes subpoena authority under 41 U.S.C. 39.
(3) The McNamaraO'Hara Service Contract Act of 1965, as amended, 41
[[Page 58837]]
U.S.C. 351 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health. The authority of the Administrator, WHD includes subpoena authority under 41 U.S.C. 353(a).
(4) The DavisBacon Act, as amended, 40 U.S.C. 3141 et seq., and
any laws now existing or subsequently enacted, providing for prevailing
wage findings by the Secretary in accordance with or pursuant to the
DavisBacon Act; the Copeland Act, 40 U.S.C. 3145; Reorganization Plan
No. 14 of 1950; and the Tennessee Valley Authority Act, 16 U.S.C. 831.
(5) The Contract Work Hours and Safety Standards Act, as amended,
40 U.S.C. 3701 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and Health.
(6) Title III of the Consumer Credit Protection Act, 15 U.S.C. 1671 et seq.
(7) The labor standards provisions contained in Sections 5(i), (m),
(n) and 7(g) of the National Foundation for the Arts and the Humanities
Act, 20 U.S.C. 954(i) (m), (n) and 956(g), except those provisions
relating to safety and health delegated to the Assistant Secretary for Occupational Safety and Health.
(8) The Migrant and Seasonal Agricultural Worker Protection Act of
1983, as amended, 29 U.S.C. 1801 et seq., including subpoena authority under 29 U.S.C. 1862(b).
(9) The Employee Polygraph Protection Act of 1988, 29 U.S.C. 2001
et seq., including subpoena authority under 29 U.S.C. 2004(b).
(10) The following provisions of the Immigration and Nationality
Act of 1952, as amended, 8 U.S.C. 1101 et seq. (INA): Section 258, 8
U.S.C. 1288(c)(4)(B)(F), relating to the enforcement of the
attestations required by employers pertaining to the employment of
nonimmigrant longshore workers (D visas); Section 212(n)(2), (t)(3), 8
U.S.C. 1182(n)(2), (t)(3); relating to the enforcement of labor
condition applications for employment of nonimmigrant professionals (H
1B, H1B1, and E3 visas); Section 212(m)(2)(E)(ii) through (v), 8
U.S.C. 1182(m)(2)(E)(ii) through (v), relating to the complaint,
investigation, and penalty provisions of the attestation process for
users of nonimmigrant registered nurses (H1C Visas); Section
218(g)(2), 8 U.S.C. 1188(g)(2), relating to assuring employer
compliance with terms and conditions of employment under the temporary
alien agricultural labor certification program (H2A visas); Section
214(c)(14), 8 U.S.C. 1184(c)(14), relating to assuring employer
compliance with the terms and conditions of employment under the
temporary alien labor certification program in occupations other than
agriculture or registered nursing (H2B visas); and Section 274A(b)(3),
8 U.S.C. 1324A(b)(3), relating to employment eligibility verification and related recordkeeping.
(11) The Family and Medical Leave Act of 1993, as amended, 29
U.S.C. 2601 et seq. (FMLA), including subpoena authority under 29 U.S.C. 2616.
(12) The Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 651 et seq. (OSH Act), to conduct inspections and
investigations, issue administrative subpoenas, issue citations, assess
and collect penalties, and enforce any other remedies available under
the statute, and to develop and issue compliance interpretations under the statute, with regard to the standards on:
(a) Field sanitation, 29 CFR 1928.110; and
(b) temporary labor camps, 29 CFR 1910.142, with respect to any agricultural establishment where employees are engaged in
``agricultural employment'' within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees engaged in
hand packing of produce into containers, whether done on the ground, on
a moving machine, or in a temporary packing shed, except that the
Assistant Secretary for Occupational Safety and Health retains
enforcement responsibility over temporary labor camps for employees
engaged in egg, poultry, or red meat production, or the postharvest processing of agricultural or horticultural commodities.
The authority of the Administrator, WHD under the Occupational Safety and Health Act with regard to the standards on field sanitation and temporary labor camps does not include any other agency authorities or responsibilities, such as rulemaking authority. Such authorities under the statute are retained by the Assistant Secretary for Occupational Safety and Health.
Moreover, nothing in this Order shall be construed as derogating
from the right of States operating OSHAapproved State plans under 29
U.S.C. 667 to continue to enforce field sanitation and temporary labor
camp standards if they so choose. The Assistant Secretary for
Occupational Safety and Health retains the authority to monitor the
activity of such States with respect to field sanitation and temporary labor camps.
(13) Executive Order 13,495 (``Nondisplacement of Qualified Workers Under Service Contracts'') of January 30, 2009.
(14) Such additional Federal laws that from time to time may assign
to the Secretary or the Department duties and responsibilities similar
to those listed under subparagraphs (1)(13) of this paragraph, as directed by the Secretary.
B. The Administrator, Wage and Hour Division is hereby delegated authority and assigned responsibility to issue administrative subpoenas under Section 9 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of the WalshHealey Public Contracts Act, as amended, 41 U.S.C. 39; Section 4(a) of the McNamaraO'Hara Service Contract Act, as amended, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 657(b), with respect to the authority delegated by this Order.
C. The Wage and Hour Regional Administrators are hereby redelegated authority and assigned responsibility to issue administrative subpoenas under Section 9 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of the WalshHealey Public Contracts Act, as amended, 41 U.S.C. 39; Section 4(a) of the McNamaraO'Hara Service Contract Act, as amended, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 657(b), with respect to the authority delegated by this Order.
D. The Administrator, Wage and Hour Division and the Assistant Secretary for Occupational Safety and Health are directed to confer regularly on enforcement of the Occupational Safety and Health Act with regard to the standards on field sanitation and temporary labor camps (see section 7.a. (12) of this Order), and to enter into any memoranda of understanding which may be appropriate to clarify questions of coverage which arise in the course of such enforcement.
[[Page 58838]]
E. The Solicitor of Labor is delegated authority and assigned
responsibility for providing legal advice and assistance to all
officers of the Department relating to the administration of the
statutory provisions, regulations, and Executive Orders listed above.
The bringing of legal proceedings under those authorities, the
representation of the Secretary and/or other officials of the
Department of Labor, and the determination of whether such proceedings
or representations are appropriate in a given case, are delegated exclusively to the Solicitor.
6. Reservation of Authority and Responsibility.
A. The submission of reports and recommendations to the President and the Congress concerning the administration of the statutory provisions and Executive Orders listed above is reserved to the Secretary.
B. Nothing in this Order shall limit or modify the delegation of authority and assignment of responsibility to the Administrative Review Board by Secretary's Order 012002 (September 24, 2002).
C. Except as expressly provided, nothing in this Order shall limit or modify the provisions of any other Order, including Secretary's Order 42006 (Office of Inspector General).
7. Redelegation of Authority. Except as otherwise provided by law, all of the authorities delegated in this Order may be redelegated.
8. Effective Date. This order shall become effective on November 8, 2009.
Dated: November 6, 2009.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. E927339 Filed 111209; 8:45 am]
BILLING CODE 451023P
SUMMARY:
Labor Department
DOCUMENT BODY 2:
1. Purpose. To delegate authorities and assign responsibilities to the Administrator, Wage and Hour Division.
2. Authorities. This Order is issued under the authority of 5 U.S.C. 301 (Departmental Regulations); 29 U.S.C. 551 et seq. (Establishment of Department; Secretary; Seal); and Reorganization Plan No. 6 of 1950 (5 U.S.C. App. 1 Reorg. Plan 6 1950); and the authorities cited in Section 5 of this Order.
3. Directives Affected. Secretary's Order 12008 (Employment Standards) is hereby canceled. All other Secretary's Orders and DOL directives (including policies and guidance) which reference Secretary's Orders 12008 or the Employment Standards Administration are amended to refer to this Order and/or Secretary's Orders governing the Office of Workers' Compensation Programs, Office of Federal Contract Compliance Programs, or the Office of LaborManagement Standards, as appropriate.
4. Background. This Order is occasioned by the November 8, 2009 dissolution of the Employment Standards Administration (ESA) into its four constituent components: The Wage and Hour Division (WHD); the Office of Federal Contract Compliance Programs; the Office of Workers' Compensation Programs; and the Office of LaborManagement Standards. This Order cancels Secretary's Order 12008 and constitutes the Secretary's Order devolving certain authorities and responsibilities of ESA to WHD. Specifically, this Order delegates authorities and assigns responsibilities to the Administrator, WHD. The authorities and responsibilities specified below are consistent with the current ESA redelegation and distribution of authorities and responsibilities to WHD in effect at the time of this dissolution.
5. Delegations of Authority and Assignment of Responsibility
A. The Administrator, Wage and Hour Division is hereby delegated
authority and assigned responsibility, except as hereinafter provided,
for carrying out the employment standards, labor standards, and labor
management standards policies, programs, and activities of the
Department of Labor, including those functions to be performed by the
Secretary of Labor under the designated provisions of the following statutes:
(1) The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201
et seq. (FLSA), including the issuance thereunder of child labor
hazardous occupation orders and other regulations concerning child
labor standards, and subpoena authority under 29 U.S.C. 209. Authority
and responsibility for the Equal Pay Act, Section 6(d) of the FLSA,
were transferred to the Equal Employment Opportunity Commission on July
1, 1979, pursuant to the President's Reorganization Plan No. 1 of
February 1978, set out in the Appendix to Title 5, Government Organization and Employees.
(2) The WalshHealey Public Contracts Act of 1936, as amended, 41
U.S.C. 35 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health or the Assistant Secretary for Mine Safety and Health. The
authority of the Administrator, WHD includes subpoena authority under 41 U.S.C. 39.
(3) The McNamaraO'Hara Service Contract Act of 1965, as amended, 41
[[Page 58837]]
U.S.C. 351 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and
Health. The authority of the Administrator, WHD includes subpoena authority under 41 U.S.C. 353(a).
(4) The DavisBacon Act, as amended, 40 U.S.C. 3141 et seq., and
any laws now existing or subsequently enacted, providing for prevailing
wage findings by the Secretary in accordance with or pursuant to the
DavisBacon Act; the Copeland Act, 40 U.S.C. 3145; Reorganization Plan
No. 14 of 1950; and the Tennessee Valley Authority Act, 16 U.S.C. 831.
(5) The Contract Work Hours and Safety Standards Act, as amended,
40 U.S.C. 3701 et seq., except those provisions relating to safety and
health delegated to the Assistant Secretary for Occupational Safety and Health.
(6) Title III of the Consumer Credit Protection Act, 15 U.S.C. 1671 et seq.
(7) The labor standards provisions contained in Sections 5(i), (m),
(n) and 7(g) of the National Foundation for the Arts and the Humanities
Act, 20 U.S.C. 954(i) (m), (n) and 956(g), except those provisions
relating to safety and health delegated to the Assistant Secretary for Occupational Safety and Health.
(8) The Migrant and Seasonal Agricultural Worker Protection Act of
1983, as amended, 29 U.S.C. 1801 et seq., including subpoena authority under 29 U.S.C. 1862(b).
(9) The Employee Polygraph Protection Act of 1988, 29 U.S.C. 2001
et seq., including subpoena authority under 29 U.S.C. 2004(b).
(10) The following provisions of the Immigration and Nationality
Act of 1952, as amended, 8 U.S.C. 1101 et seq. (INA): Section 258, 8
U.S.C. 1288(c)(4)(B)(F), relating to the enforcement of the
attestations required by employers pertaining to the employment of
nonimmigrant longshore workers (D visas); Section 212(n)(2), (t)(3), 8
U.S.C. 1182(n)(2), (t)(3); relating to the enforcement of labor
condition applications for employment of nonimmigrant professionals (H
1B, H1B1, and E3 visas); Section 212(m)(2)(E)(ii) through (v), 8
U.S.C. 1182(m)(2)(E)(ii) through (v), relating to the complaint,
investigation, and penalty provisions of the attestation process for
users of nonimmigrant registered nurses (H1C Visas); Section
218(g)(2), 8 U.S.C. 1188(g)(2), relating to assuring employer
compliance with terms and conditions of employment under the temporary
alien agricultural labor certification program (H2A visas); Section
214(c)(14), 8 U.S.C. 1184(c)(14), relating to assuring employer
compliance with the terms and conditions of employment under the
temporary alien labor certification program in occupations other than
agriculture or registered nursing (H2B visas); and Section 274A(b)(3),
8 U.S.C. 1324A(b)(3), relating to employment eligibility verification and related recordkeeping.
(11) The Family and Medical Leave Act of 1993, as amended, 29
U.S.C. 2601 et seq. (FMLA), including subpoena authority under 29 U.S.C. 2616.
(12) The Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 651 et seq. (OSH Act), to conduct inspections and
investigations, issue administrative subpoenas, issue citations, assess
and collect penalties, and enforce any other remedies available under
the statute, and to develop and issue compliance interpretations under the statute, with regard to the standards on:
(a) Field sanitation, 29 CFR 1928.110; and
(b) temporary labor camps, 29 CFR 1910.142, with respect to any agricultural establishment where employees are engaged in
``agricultural employment'' within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees engaged in
hand packing of produce into containers, whether done on the ground, on
a moving machine, or in a temporary packing shed, except that the
Assistant Secretary for Occupational Safety and Health retains
enforcement responsibility over temporary labor camps for employees
engaged in egg, poultry, or red meat production, or the postharvest processing of agricultural or horticultural commodities.
The authority of the Administrator, WHD under the Occupational Safety and Health Act with regard to the standards on field sanitation and temporary labor camps does not include any other agency authorities or responsibilities, such as rulemaking authority. Such authorities under the statute are retained by the Assistant Secretary for Occupational Safety and Health.
Moreover, nothing in this Order shall be construed as derogating
from the right of States operating OSHAapproved State plans under 29
U.S.C. 667 to continue to enforce field sanitation and temporary labor
camp standards if they so choose. The Assistant Secretary for
Occupational Safety and Health retains the authority to monitor the
activity of such States with respect to field sanitation and temporary labor camps.
(13) Executive Order 13,495 (``Nondisplacement of Qualified Workers Under Service Contracts'') of January 30, 2009.
(14) Such additional Federal laws that from time to time may assign
to the Secretary or the Department duties and responsibilities similar
to those listed under subparagraphs (1)(13) of this paragraph, as directed by the Secretary.
B. The Administrator, Wage and Hour Division is hereby delegated authority and assigned responsibility to issue administrative subpoenas under Section 9 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of the WalshHealey Public Contracts Act, as amended, 41 U.S.C. 39; Section 4(a) of the McNamaraO'Hara Service Contract Act, as amended, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 657(b), with respect to the authority delegated by this Order.
C. The Wage and Hour Regional Administrators are hereby redelegated authority and assigned responsibility to issue administrative subpoenas under Section 9 of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 209; Section 5 of the WalshHealey Public Contracts Act, as amended, 41 U.S.C. 39; Section 4(a) of the McNamaraO'Hara Service Contract Act, as amended, 41 U.S.C. 353(a); Section 512(b) of the Migrant and Seasonal Agricultural Worker Protection Act of 1983, as amended, 29 U.S.C. 1862(b); Section 5(b) of the Employee Polygraph Protection Act of 1988, 29 U.S.C. 2004(b); Section 106 of the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. 2616; and Section 8(b) of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 657(b), with respect to the authority delegated by this Order.
D. The Administrator, Wage and Hour Division and the Assistant Secretary for Occupational Safety and Health are directed to confer regularly on enforcement of the Occupational Safety and Health Act with regard to the standards on field sanitation and temporary labor camps (see section 7.a. (12) of this Order), and to enter into any memoranda of understanding which may be appropriate to clarify questions of coverage which arise in the course of such enforcement.
[[Page 58838]]
E. The Solicitor of Labor is delegated authority and assigned
responsibility for providing legal advice and assistance to all
officers of the Department relating to the administration of the
statutory provisions, regulations, and Executive Orders listed above.
The bringing of legal proceedings under those authorities, the
representation of the Secretary and/or other officials of the
Department of Labor, and the determination of whether such proceedings
or representations are appropriate in a given case, are delegated exclusively to the Solicitor.
6. Reservation of Authority and Responsibility.
A. The submission of reports and recommendations to the President and the Congress concerning the administration of the statutory provisions and Executive Orders listed above is reserved to the Secretary.
B. Nothing in this Order shall limit or modify the delegation of authority and assignment of responsibility to the Administrative Review Board by Secretary's Order 012002 (September 24, 2002).
C. Except as expressly provided, nothing in this Order shall limit or modify the provisions of any other Order, including Secretary's Order 42006 (Office of Inspector General).
7. Redelegation of Authority. Except as otherwise provided by law, all of the authorities delegated in this Order may be redelegated.
8. Effective Date. This order shall become effective on November 8, 2009.
Dated: November 6, 2009.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. E927339 Filed 111209; 8:45 am]
BILLING CODE 451023P