Proposed Rule2022-23314
Employee or Independent Contractor Classification Under the Fair Labor Standards Act; Extension of Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 26, 2022
Effective
October 13, 2022
Issuing agencies
Labor DepartmentWage and Hour Division
Abstract
This document extends the deadline for submitting written comments on the Notice of Proposed Rulemaking (NPRM), Employee or Independent Contractor Classification Under the Fair Labor Standards Act, to December 13, 2022. The U.S. Department of Labor (Department) is taking this action to provide interested parties additional time to submit comments.
Full Text
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<title>Federal Register, Volume 87 Issue 206 (Wednesday, October 26, 2022)</title>
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[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Proposed Rules]
[Page 64749]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23314]
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DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Parts 780, 788, and 795
RIN 1235-AA43
Employee or Independent Contractor Classification Under the Fair
Labor Standards Act; Extension of Comment Period
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Proposed rule; extension of comment period.
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SUMMARY: This document extends the deadline for submitting written
comments on the Notice of Proposed Rulemaking (NPRM), Employee or
Independent Contractor Classification Under the Fair Labor Standards
Act, to December 13, 2022. The U.S. Department of Labor (Department) is
taking this action to provide interested parties additional time to
submit comments.
DATES: The comment period for the NPRM that previously published on
October 13, 2022, see 87 FR 62218, has been extended. The Department
must now receive comments on or before December 13, 2022.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1235-AA43, by either of the following methods:
<bullet> Electronic Comments: Submit comments through the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
<bullet> Mail: Address written submissions to 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 your comment by only one method. Of the
two methods, the Department strongly recommends that commenters submit
their comments electronically via <a href="https://www.regulations.gov">https://www.regulations.gov</a> to ensure
timely receipt prior to the close of the comment period, as the
Department continues to experience delays in the receipt of mail. All
comments must be received by 11:59 p.m. ET on December 13, 2022, for
consideration in this rulemaking; comments received after the comment
period closes will not be considered.
Commenters submitting file attachments on <a href="https://www.regulations.gov">https://www.regulations.gov</a> are advised that uploading text-recognized
documents--i.e., documents in a native file format or documents which
have undergone optical character recognition (OCR)--enable staff at the
Department to more easily search and retrieve specific content included
in your comment for consideration. This recommendation applies
particularly to mass comment submissions, when a single sponsoring
individual or organization submits multiple comments on behalf of
members or other affiliated third parties. The Wage and Hour Division
(WHD) posts such comments as a group under a single document ID number
on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Anyone who submits a comment (including duplicate comments) should
understand and expect that the comment will become a matter of public
record and will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided.
Accordingly, the Department requests that no business proprietary
information, copyrighted information, or personally identifiable
information be submitted in response to this NPRM.
Docket: For access to the docket to read background documents or
comments, go to the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division
(WHD), U.S. Department of Labor, Room S-3502, 200 Constitution Avenue
NW, Washington, DC 20210; telephone: (202) 693-0406 (this is not a
toll-free number). Alternative formats are available upon request by
calling 1-866-487-9243. If you are deaf, hard of hearing, or have a
speech disability, please dial 7-1-1 to access telecommunications relay
services.
Questions of interpretation and/or enforcement of the agency's
regulations may be directed to the nearest WHD district office. Locate
the nearest office by calling WHD'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 logging onto WHD's website for a nationwide listing of WHD
district and area offices at <a href="http://www.dol.gov/whd/america2.htm">http://www.dol.gov/whd/america2.htm</a>.
SUPPLEMENTARY INFORMATION:
I. Electronic Access and Filing Comments
Public Participation: The NPRM is available through the Federal
Register and the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. You may also
access the NPRM through the Department's website at <a href="http://www.dol.gov/federalregister">http://www.dol.gov/federalregister</a>. To comment electronically on federal rulemakings, go
to the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, which
will allow you to find, review, and submit comments on federal
documents that are published in the Federal Register and open for
comment. Please identify all comments submitted in electronic form by
the RIN 1235-AA43. Because of delays in receiving mail in the
Washington, DC area, in order to ensure timely receipt prior to the
close of the comment period, commenters should transmit their comments
electronically through the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or submit them by mail early. Please submit your
comment by only one method.
II. Request for Comment
On October 11, 2022, the Department announced an NPRM intended to
help businesses and workers determine whether a worker is an employee
or an independent contractor under the Fair Labor Standards Act (FLSA).
The Department published the NPRM in the Federal Register on October
13, 2022 (87 FR 62218), which instructed interested parties to submit
comments on or before November 28, 2022, providing 46 days for
comments.
Following publication of the NPRM, the Department received requests
to extend the NPRM's comment period. After consideration of the
extension requests, the Department has decided to extend the period for
submitting public comment for 15 additional days (i.e., until December
13, 2022), lengthening the comment period to 61 days total.
The Department takes seriously its obligation to consider any
``written data, views, or arguments'' submitted by commenters and looks
forward to reviewing all feedback received on the NPRM before the close
of the comment period. See 5 U.S.C. 553(c). The Department encourages
all interested parties to submit comments electronically on
<a href="http://www.regulations.gov">www.regulations.gov</a> (RIN 1235-AA43) by 11:59 p.m. ET on Tuesday,
December 13, 2022.
Martin J. Walsh,
Secretary of Labor.
[FR Doc. 2022-23314 Filed 10-25-22; 8:45 am]
BILLING CODE 4510-27-P
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