Regulatory Update- Labor and State Departments Release Final Rules

Both the Department of Labor and Department of State have recently released rules which may have an impact on small business.

The first from the Department of Labor requires federal contractors to post notices on federal labor laws. The Notification of Employee Rights under Federal Labor Laws implements Executive Order 13496, signed by President Barack Obama on January 30, 2009.  This EO requires federal agencies to include in their government contracts specific clauses requiring that certain contractors and subcontractors inform their employees of their federal labor rights, such as an employee’s right to join a union.  Contractors and subcontractors will be required to post an employee notice in its plants and offices, and also electronically on company websites.  The notice requirements do not apply to prime contracts below the simplified acquisition threshold of $100,000; however they apply to all subcontracts except for those that are de minimis in value (defined as $10,000).  This rule is effective June 21, 2010.  Posters will be available in English and other languages at http://www.olms.dol.gov

The second final rule released by DOL updates child labor regulations for non-agricultural work. This rule  revises child labor regulations to incorporate statutory amendments to the Fair Labor Standards Act (FLSA), to update and clarify the regulations that establish protections for youth employed in nonagricultural occupations and to implement specific recommendations made by the National Institute for Occupational Safety and Health in its report to the Department of Labor.  This rule clarifies work that 14- and 15-year olds can perform, and limits the hours and times of day that such minors may work and identifies occupations (and machinery) that are either permitted or prohibited for such minors.  The rule is effective on June 19, 2010.

The State department has issued an interim final rule increasing consular fees. The new fees schedule for nonimmigrant visas services are available at http://edocket.access.gpo.gov/2010/pdf/2010-12125.pdf  

The new fee structure takes effect June 4th, 2010.

 Janis C. Reyes
Assistant Chief Counsel, Labor and Immigration

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