[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Proposed Rules]
[Pages 11021-11022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4147]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 552

RIN 1235-AA05


Application of the Fair Labor Standards Act to Domestic Service

AGENCY: Wage and Hour Division, Labor.

ACTION: Notice and extension of comment period.

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SUMMARY: This document extends the period for filing written comments 
for an additional 14 days on the proposed revisions to the Application 
of the Fair Labor Standards Act to Domestic Service published on 
December 27, 2011. The Department of Labor (Department) is taking this 
action in order to provide interested parties additional time to submit 
comments.

DATES: The agency must receive comments on or before March 12, 2012. 
The period for public comments, which was to close on February 27, 
2012, will be extended to March 12, 2012.

ADDRESSES: You may submit comments, identified by RIN 1235-AA05, by 
either one of the following methods:
    Electronic comments: through the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    Mail: Mary Ziegler, Director, Division of Regulations, Legislation 
and Interpretation, Wage and Hour Division, U.S. Department of Labor, 
Room S-3502, 200 Constitution Avenue NW., Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name (Wage and 
Hour Division) and Regulatory Information Number identified above for 
this rulemaking (1235-AA05). All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided. Consequently, prior to including any individual's 
personal information such as Social Security Number, home address, 
telephone number, email addresses and medical data in a comment, the 
Department urges commenters carefully to consider that their 
submissions are a matter of public

[[Page 11022]]

record and will be publicly accessible on the Internet. It is the 
commenter's responsibility to safeguard his or her information. Because 
we continue to experience delays in receiving mail in the Washington, 
DC area, commenters are strongly encouraged to transmit their comments 
electronically via the Federal eRulemaking Portal at http://www.regulations.gov or to submit them by mail early. For additional 
information on submitting comments and the rulemaking process, see the 
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour Division, 
U.S. Department of Labor, Room S-3510, 200 Constitution Avenue NW., 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll 
free number). Copies of this notice of proposed rulemaking may be 
obtained in alternative formats (Large Print, Braille, Audio Tape, or 
Disc), upon request, by calling (202) 693-0023. TTY/TDD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.
    Questions of interpretation and/or enforcement of regulations 
issued by this agency or referenced in this notice may be directed to 
the nearest Wage and Hour Division District Office. Locate the nearest 
office by calling the Wage and Hour Division's toll-free help line at 
(866) 4US-WAGE ((866) 487-9243) between 8 a.m. and 5 p.m. in your local 
time zone, or log onto the Wage and Hour Division's Web site for a 
nationwide listing of Wage and Hour District and Area Offices at: 
http://www.dol.gov/whd/america2.htm.

SUPPLEMENTARY INFORMATION:

I. Electronic Access and Filing Comments

    Public Participation: This notice of proposed rulemaking is 
available through the Federal Register and the http://www.regulations.gov Web site. You may also access this document via the 
Department's Web site at http://www.dol.gov/federalregister. To comment 
electronically on federal rulemakings, go to the Federal eRulemaking 
Portal at http://www.regulations.gov, which will allow you to find, 
review, and submit comments on federal documents that are open for 
comment and published in the Federal Register. Please identify all 
comments submitted in electronic form by the RIN docket number (1235-
AA05). Because of delays in receiving mail in the Washington, DC area, 
commenters should transmit their comments electronically via the 
Federal eRulemaking Portal at http://www.regulations.gov, or submit 
them by mail early to ensure timely receipt prior to the close of the 
comment period. Submit one copy of your comments by only one method.

II. Request for Comment

    The Department is proposing to revise the Fair Labor Standards Act 
minimum wage, overtime and recordkeeping regulations pertaining to the 
exemptions for companionship services and live-in domestic services. 
The Department proposes to amend the regulations to revise the 
definitions of ``domestic service employment'' and ``companionship 
services.'' The Department also proposes to more specifically describe 
the type of activities and duties that may be considered ``incidental'' 
to the provision of companionship services. In addition, the Department 
proposes to amend the recordkeeping requirements for live-in domestic 
workers. Finally, the Department proposes to amend the regulation 
pertaining to employment by a third party of companions and live-in 
domestic workers. This change would continue to allow the individual, 
family, or household employing the worker's services to apply the 
companionship and live-in exemptions and would deny all third party 
employers the use of such exemptions.
    On December 15, 2011, President Obama announced that the Department 
of Labor was proposing the rule changes. The Department posted a Notice 
of Proposed Rulemaking (NPRM), complete with background information, 
economic impact analyses and proposed regulatory text, on its Web site 
that day. The Department published the NPRM in the Federal Register on 
December 27, 2011 (76 FR 81190), requesting public comments on the 
proposed revisions to the regulations pertaining to the exemption for 
companionship services and live-in domestic services. Interested 
parties were requested to submit comments on or before February 27, 
2012.
    The Department has received requests to extend the period for 
filing public comments from members of Congress and various business 
organizations. Because of the interest that has been expressed in this 
matter, the Department has decided to extend the period for submitting 
public comment for 14 additional days.

    Dated: February 16, 2012.
Nancy J. Leppink,
Deputy Administrator, Wage and Hour Division.
[FR Doc. 2012-4147 Filed 2-23-12; 8:45 am]
BILLING CODE 4510-27-P