Federal Register, Volume 79 Issue 247 (Wednesday, December 24, 2014)

[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Notices]
[Pages 77527-77528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30224]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Office of the Secretary


Secretary's Order 01-2014

Subject: Delegation of Authority and Assignment of Responsibility
to the Administrator, Wage and Hour Division.
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 05-2010 (Administrator,
Wage and Hour Division) is hereby superseded. All other Secretary's
Orders and DOL directives (including policies and guidance) which
reference Secretary's Order 05-2010 are amended to refer to this Order.
4. Background. This Order supersedes Secretary's Order 05-2010 and
delegates the Secretary's authority as a certifying official to issue
Law Enforcement Agency Certifications (also referred to as declarations
or endorsements) for T Nonimmigrant Status applications under section
107(e) of the Victims of Trafficking and Violence Protection Act of
2000, as amended, 8 U.S.C. 1101(a)(15)(T) and related Department of
Homeland Security regulations (see 8 CFR 214.11), and delegates
enforcement authority for E.O. 13658 to the Administrator, Wage and
Hour Division. The authorities and responsibilities specified below are
consistent with the Wage and Hour Division authorities and
responsibilities currently in effect.
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 and Executive Orders:
(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. Authority and responsibility for FLSA
sections 218a and 218b were transferred to the Employee Benefits
Security Administration on December 21, 2011, pursuant to Secretary's
Order 1-2011, including the associated authority in sections 209 and
211 to issue subpoenas and conduct investigations under sections 218a
and 218b. Authority and responsibility for FLSA section 218c was
transferred to the Occupational Health and Safety Administration
pursuant to Secretary's Orders 5-2010 and 1-2012, including the
associated authority in sections 209 and 211 to issue subpoenas and
conduct investigations under section 218c.
(2) The Walsh-Healey 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 McNamara-O'Hara Service Contract Act of 1965, as amended,
41 U.S.C. 6701 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. 6707(a).
(4) The Davis-Bacon 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
Davis-Bacon 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); sections 212(n)(2) and
(t)(3), 8 U.S.C. 1182(n)(2) and (t)(3), relating to the enforcement of
labor condition applications for employment of nonimmigrant
professionals (H-1B, H-1B1, and E-3 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 (H-2A 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 (H-2B visas); and 8 U.S.C. 1101(a)(15)(U) and
related Department of Homeland Security regulations (see 8 CFR 214.14),
relating to issuance of U Nonimmigrant Status Certifications (U visa
law enforcement certifications).
(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

[[Page 77528]]

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 post-harvest
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 OSHA-approved 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) E.O. 13495 (``Nondisplacement of Qualified Workers Under
Service Contracts'') of January 30, 2009.
(14) E.O. 13658 (``Establishing a Minimum Wage for Contractors'')
of February 12, 2014.
(15) 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)-(14) 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 Walsh-Healey Public Contracts Act, as
amended, 41 U.S.C. 39; section 4(a) of the McNamara-O'Hara Service
Contract Act, as amended, 41 U.S.C. 6707(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 Walsh-Healey Public Contracts Act, as
amended, 41 U.S.C. 39; section 4(a) of the McNamara-O'Hara Service
Contract Act, as amended, 41 U.S.C. 6707 (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 is hereby delegated
authority and assigned responsibility to issue Law Enforcement Agency
Certifications for T Nonimmigrant Status applications under section
107(e) of the Victims of Trafficking and Violence Protection Act of
2000, as amended, 8 U.S.C. 1101(a)(15)(T) and related Department of
Homeland Security regulations (see 8 CFR 214.11).
E. 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.
F. 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 2-2012 (November 16, 2012).
C. Except as expressly provided, nothing in this Order shall limit
or modify the provisions of any other Order, including Secretary's
Order 4-2006 (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 delegation of authority and assignment of
responsibility is effective immediately.

Dated: December 19, 2014.
Thomas E. Perez,
Secretary of Labor.
[FR Doc. 2014-30224 Filed 12-23-14; 8:45 am]
BILLING CODE 4510-27-P