Proposed Rule2025-11848
Rescission of Coordinated Enforcement Regulations
Primary source
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Published
July 1, 2025
Issuing agencies
Labor DepartmentEmployment and Training AdministrationWage and Hour DivisionOccupational Safety and Health Administration
Abstract
The Department of Labor (the Department or DOL) proposes to remove the regulations that set forth the procedures within the Department for the coordination of enforcement activities by the Wage and Hour Division (WHD), the Occupational Safety and Health Administration (OSHA), and the Employment and Training Administration (ETA) relating to migrant farmworkers. The Department is proposing this removal because these regulations limit the Department's discretion, impose unnecessary and duplicative internal procedures, and prevent the Department's agencies from coordinating with regard to migrant farmworkers in more efficient, effective ways.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28247-28250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11848]
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DEPARTMENT OF LABOR
29 CFR Part 42
Employment and Training Administration
[Docket No. ETA-2025-0003]
RIN 1205-AC27
Wage and Hour Division
RIN 1235-AA50
Occupational Safety and Health Administration
RIN 1218-AD53
Rescission of Coordinated Enforcement Regulations
AGENCY: Wage and Hour Division, Occupational Safety and Health
Administration, and Employment and Training Administration, Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: The Department of Labor (the Department or DOL) proposes to
remove the regulations that set forth the procedures within the
Department for the coordination of enforcement activities by the Wage
and Hour Division (WHD), the Occupational Safety and Health
Administration (OSHA), and the Employment and Training Administration
(ETA) relating to migrant farmworkers. The Department is proposing this
removal because these regulations limit the Department's discretion,
impose unnecessary and duplicative internal procedures, and prevent the
Department's agencies from coordinating with regard to migrant
farmworkers in more efficient, effective ways.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may send comments, identified by Docket No. ETA-2025-
0003 and Regulatory Identification Number (RIN) 1205-AC27, by the
following method:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Search for the above-referenced RIN, open the proposed rule, and follow
the on-screen instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking or ``RIN 1205-AC27.''
Please be advised that the Department will post comments received
that relate to this proposed rule to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information provided. The
[[Page 28248]]
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website is the Federal e-Rulemaking Portal
and all comments posted there are available and accessible to the
public. Please do not submit comments containing trade secrets,
confidential or proprietary commercial or financial information,
personal health information, sensitive personally identifiable
information (for example, social security numbers, driver's license or
state identification numbers, passport numbers, or financial account
numbers), or other information that you do not want to be made
available to the public. Should the agency become aware of such
information, the agency reserves the right to redact or refrain from
posting sensitive information, libelous, or otherwise inappropriate
comments, including those that contain obscene, indecent, or profane
language; that contain threats or defamatory statements; or that
contain hate speech. Please note that depending on how information is
submitted, the agency may not be able to redact the information and
instead reserves the right to refrain from posting the information or
comment in such situations.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search using RIN
1205-AC27 or Docket No. ETA-2025-0003). If you need assistance to
review the comments, contact the Office of Policy Development and
Research at 202-693-3700 (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Luke Murren, Acting Administrator,
Office of Policy Development and Research, U.S. Department of Labor,
200 Constitution Avenue NW, Room N-5641, Washington, DC 20210;
telephone (202) 693-3700 (this is not a toll-free number). For persons
with a hearing or speech disability who need assistance using the
telephone system, please dial 711 to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
I. Background
The Department proposes to remove the regulations at 29 CFR part 42
which set forth procedures within the Department for the coordination
of enforcement activities by WHD, OSHA, and ETA relating to migrant
farmworkers, authorized under 29 U.S.C. 49 et seq.; 29 U.S.C. 201 et
seq.; 29 U.S.C. 651 et seq.; 29 U.S.C. 3101 et seq.; 5 U.S.C. 301.
The Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., and the
Occupational Safety and Health (OSH) Act, 29 U.S.C. 651 et seq., and
other applicable statutes provide employment protections, inter alia,
to migrant farmworkers. These statutes are administered by the
Department, which is also responsible for providing services to migrant
farmworkers through ETA.
In 1980, the Department issued a final rule which established a
program of coordinated farm labor law enforcement followed by OSHA,
ETA, the Department's Office of the Solicitor (SOL), and the then-
Employment Standards Administration (ESA) (a now-defunct agency that
incorporated WHD at the time the Department promulgated Part 42).\1\
See 45 FR 39486 (Jun. 10, 1980). At that time, the Department had
become increasingly concerned about the employment-related problems of
migrant farmworkers and sought to coordinate efforts to enforce its
protective statutes on behalf of migrant farmworkers. Id. The purpose
of the final rule, which was codified at 29 CFR part 42, was to
``[e]nsure effective enforcement efforts under [certain] protective
statutes,'' specifically, the OSH Act, the FLSA, and the Farm Labor
Contractor Registration Act of 1963, Public Law 88-582, 78 Stat. 920
(FLCRA) (repealed 1983) (previously codified at 7 U.S.C. 2041 et seq.),
to ``[e]nsure that the enforcement efforts of DOL agencies are
coordinated to maximize their effectiveness, yet minimize unnecessary
duplication,'' to ``[f]ocus the attention of DOL agencies upon the
special employment-related problems faced by migrant farmworkers,'' to
``[c]oordinate DOL enforcement efforts with related activities of
farmworker groups, federal and State agencies, and other concerned
parties outside the Department of Labor,'' and to ``[e]stablish an
information exchange which will afford the Department, farmworker
groups, and other concerned parties outside the Department of Labor the
opportunity to exchange information concerning wages, hours and working
conditions.'' 29 CFR 42.2.
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\1\ In 2009, ESA was dissolved, and the Administrator of the
Wage and Hour Division was delegated the relevant authorities of the
Assistant Secretary for Employment Standards. See Sec'y's Order 09-
2009, 74 FR 58836, 2009 WL 3782835 (Nov. 13, 2009).
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II. Discussion
The Department has engaged in regulatory review of 29 CFR part 42
in accordance with Executive Order (E.O.) 14192 ``Unleashing Prosperity
Through Deregulation'' 90 FR 9065 (Jan. 31, 2025). This E.O. states
that ``It is the policy of the executive branch to be prudent and
financially responsible in the expenditure of funds, from both public
and private sources, and to alleviate unnecessary regulatory burdens
placed on the American people.'' Id. The Department believes that
taking a deregulatory action under E.O. 14192 by rescinding 29 CFR part
42 in its entirety would be a reasonable and effective means of
maintaining its responsibilities for coordinated enforcement, while
improving efficiencies and removing unnecessary restrictions on the
Department.
The coordinated farm labor law enforcement regulations codify
requirements for the Department to maintain several processes and
structures including: (1) establish a National Farm Labor Coordinated
Enforcement Committee (National Committee) with membership by the Under
Secretary of Labor (now the Deputy Secretary),\2\ SOL, ETA, OSHA, and
then-ESA, and supported by a staff level working group, to review the
sub-agencies' policies and enforcement strategies and develop an annual
coordination plan; (2) establish a Regional Farm Labor Coordinated
Enforcement Committee (Regional Committee); (3) designate Farm Labor
Specialists in ESA and compliance officers in OSHA to serve as farm
labor contact persons, and (4) collect and review specific data
pertaining to enforcement of protective statutes to be reviewed by the
National Committee and to be used to inform future agency efforts. The
regulations also prescribe specific frequency of meetings for the
National Committee and the Regional Committee, and public attendance at
certain of these meetings. The Department believes that these
regulations limit the Department's discretion, impose bureaucratic
processes, and prevent the Department from coordinating internally in
more efficient, effective ways.
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\2\ Department of Labor Executive Level Conforming Amendments of
1986, Public Law 99-619, 2(a)(1), 100 Stat. 3491 (Nov. 6, 1986).
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Moreover, the regulations, promulgated 45 years ago, in 1980, are
outdated and no longer reflect the current organization of the
Department or the legal landscape pertaining to migrant farmworkers.
For instance, under the regulations, the National and Regional
Committees, as well as the Regional Committees' annual public meetings,
are required to be run, in part, by officers of an agency within the
Department that no longer exists, ESA, which was dissolved in 2009.
Also, the regulations require that written
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coordinated enforcement plans detail the Department's enforcement of a
statute that is no longer in effect: FLCRA, which Congress repealed in
1983. Additionally, the regulations do not reflect more recent
developments in federal law related to migrant farmworkers that the
Department administers and enforces, such as the Migrant and Seasonal
Agricultural Worker Protection Act (MSPA), and the Immigration and
Nationality Act's H-2A nonimmigrant visa program for temporary or
seasonal agricultural workers. See, e.g., 29 U.S.C. 1812, 1852; 8
U.S.C. 1188. Because part 42 reflects an outdated legal landscape and
depends on a bygone departmental structure, it has become increasingly
difficult for the Department to implement the requirements of the
regulation as drafted, and thus the Department is proposing to rescind
the regulation in its entirety.
Furthermore, the Department notes that the need for coordinated
migrant farmworker labor law enforcement for the protective statutes
has not changed and continues to be a priority for the Department. To
that end, the Department currently takes numerous steps to ensure that
the coordinated enforcement efforts of OSHA, ETA, and WHD address the
employment-related problems faced by migrant farmworkers, are
coordinated to maximize their effectiveness and minimize unnecessary
duplication, and assure that employers of migrant farmworkers are
complying with the laws that the Department enforces. For example, OSHA
has regularly hosted an agriculture task force that has engaged with
agricultural concerns and issues in coordination with representatives
from WHD and ETA. The task force was designed to identify, review,
update, and develop OSHA's agricultural guidance products, including
regulations and web pages. The task force contributed to several new
agricultural guidance products over the years, including a 2017 update
to OSHA's Agricultural Operations Safety and Health Topics web page \3\
with information ranging from links to heat illness to youth employment
in agriculture. Likewise, other Departmental initiatives reflect the
Department's ongoing commitment to cross-agency coordination at the
national and regional levels. For example, ETA Regional Monitor
Advocates often host meetings for the relevant State Workforce
Agencies, which representatives from WHD attend.
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\3\ <a href="https://www.osha.gov/agricultural-operations">https://www.osha.gov/agricultural-operations</a>.
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Additionally, the Department maintains contact and exchange
information with farm labor groups and the public on issues relating to
the employment of migrant farmworkers on an ongoing basis. As part of
the Department's regular stakeholder engagement, OSHA, WHD and ETA all
maintain contacts and meet with farmworker groups, as part of public
outreach, roundtables, and conferences, at both the national and the
regional level. The ETA National Monitor Advocate regularly meets with
farmworker groups and, each year during harvest season, travels to
states with high numbers of migrant farmworkers to meet with State
Workforce Agencies and organizations that represent farmworkers.
The proposed rescission of the coordinated farm labor law
enforcement regulations would allow the Department to continue its
coordinated enforcement efforts in a manner that maximizes their
effectiveness and efficiency. The Department requests comments from the
public concerning this proposed rescission of regulations for
coordinated migrant farmworker labor law enforcement activities.
Procedural and Other Matters
A. Review Under Executive Orders 12866
E.O. 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (Oct.
4, 1993), requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) for review. OIRA has determined that this
proposed rule does not constitute a ``significant regulatory action''
under section 3(f) of E.O. 12866. Accordingly, this proposed rule was
not submitted to OIRA for review under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
DOL reviewed this proposed rescission under the provisions of the
Regulatory Flexibility Act. The regulation the Department is proposing
to rescind pertains to procedures within the Department for the
coordination of enforcement activities by WHD, OSHA, and ETA relating
to migrant farmworkers, so there is no impact on small entities.
Therefore, DOL initially concludes that the impacts of the rescission
would not have a ``significant economic impact on a substantial number
of small entities,'' and that the preparation of an IRFA is not
warranted. DOL will transmit this certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
This proposed rescission imposes no new information collection or
record-keeping requirements. Accordingly, Office of Management and
Budget (OMB) clearance is not required under the Paperwork Reduction
Act. (44 U.S.C. 3501 et seq.).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. E.O. 13132 requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. E.O. 13132 also requires agencies to
have an accountable process to ensure meaningful and timely input by
State and local officials in the development of regulatory policies
that have Federalism implications.
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DOL has examined this proposed rescission and has determined that
it would not have a substantial direct effect on the States, on the
relationship between the Federal government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
E. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy. 2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
DOL examined this proposed rescission according to UMRA and its
statement of policy and determined that the proposed rescission does
not contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any, (2) clearly
specifies any effect on existing Federal law or regulation, (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction, (4) specifies the retroactive
effect, if any, (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOL has completed the required review and
determined that, to the extent permitted by law, this proposed
rescission meets the relevant standards of E.O. 12988.
G. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rescission would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOL has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
H. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (Mar. 18,
1988), DOL has determined that this proposed rescission would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
I. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). DOL has reviewed this proposed rescission
under the OMB guidelines and has concluded that it is consistent with
applicable policies in those guidelines.
J. Congressional Notification
As required by 5 U.S.C. 801, if finalized, DOL will report to
Congress on the promulgation of this rule before its effective date.
The report will state that it has been determined that the rule is not
a ``major rule'' as defined by 5 U.S.C. 804(2).
K. Review Under Additional Executive Orders and Presidential Memoranda
DOL has examined this proposed rule and has determined that it is
consistent with the policies and directives outlined in E.O. 14192,
``Unleashing Prosperity Through Deregulation.'' This rescission is
expected to be an E.O. 14192 deregulatory action.
DOL has considered its obligations under the Executive Orders on
Consultation and Coordination with Indian Tribal Governments (E.O.
13175, 65 FR 67249 (Nov. 6, 2000)) and Protection of Children From
Environmental Health Risks and Safety Risks (E.O. 13045, 62 FR 19885
(Apr. 23, 1997)). Given that this proposed rule pertains to procedures
within the Department that will have no economic impacts, and does not
constitute a policy with Tribal implications, DOL has determined that
no further agency action or analysis is required to comply with those
executive orders.
List of Subjects in 29 CFR Part 42
Law enforcement, Migrant labor, Occupational Safety and Health
Administration.
PART 42--[REMOVED AND RESERVED]
For the reasons stated in the preamble, and under the authority of
5 U.S.C. 301, the Department proposes to remove and reserve 29 CFR part
42.
Susan Frazier,
Acting Assistant Secretary for Employment and Training, Labor.
Amanda Laihow,
Acting Assistant Secretary for Occupational Safety and Health, Labor.
Donald Harrison,
Acting Administrator for Wage and Hour Division, Labor.
[FR Doc. 2025-11848 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-FN-P; 4510-27-P; 4510-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.