- Subtitle A Office of the Secretary of Labor
- PART 0 ETHICS AND CONDUCT OF DEPARTMENT OF LABOR EMPLOYEES
- Subpart A Standards of Conduct for Current Department of Labor Employees
- § 0.735-1 Cross-references to employee ethical conduct standards, financial disclosure regulations and other ethics regulations.
- Subpart B Post Employment Conflict of Interest
- § 0.737-1 Applicability.
- § 0.737-2 Appointment of alternate officials.
- § 0.737-3 Initiation of administrative disciplinary hearing.
- § 0.737-4 Request for a hearing.
- § 0.737-5 Appointment of Examiner.
- § 0.737-6 Time, date and place of hearing.
- § 0.737-7 Hearing rights.
- § 0.737-8 Hearing decision and exceptions.
- § 0.737-9 Decision on exceptions.
- § 0.737-10 Administrative sanctions.
- § 0.737-11 Judicial review.
- PART 1 PROCEDURES FOR PREDETERMINATION OF WAGE RATES
- § 1.1 Purpose and scope.
- § 1.2 Definitions.
- § 1.3 Obtaining and compiling wage rate information.
- § 1.4 Report of agency construction programs.
- § 1.5 Publication of general wage determinations and procedure for requesting project wage determinations.
- § 1.6 Use and effectiveness of wage determinations.
- § 1.7 Scope of consideration.
- § 1.8 Reconsideration by the Administrator.
- § 1.9 Review by Administrative Review Board.
- § 1.10 Severability.
- PART 2 GENERAL REGULATIONS
- Subpart A General
- § 2.1 Employees attached to regional offices.
- § 2.2 Employees attached to Washington office.
- § 2.3 Consent of the Secretary.
- § 2.6 Claims collection.
- § 2.7 [Reserved]
- § 2.8 Final agency decisions.
- Subpart B Audiovisual Coverage of Administrative Hearings
- § 2.10 Scope and purpose.
- § 2.11 General principles.
- § 2.12 Audiovisual coverage permitted.
- § 2.13 Audiovisual coverage prohibited.
- § 2.14 Proceedings in which the Department balances conflicting values.
- § 2.15 Protection of witnesses.
- § 2.16 Conduct of hearings.
- Subpart C Employees Served With Subpoenas
- § 2.20 Purpose, scope and definitions.
- § 2.21 Procedure in the event of a demand for production or disclosure.
- § 2.22 Production or disclosure prohibited unless approved by the appropriate Deputy Solicitor of Labor.
- § 2.23 Procedure where a decision concerning a demand is not made prior to the time a response to the demand is required.
- § 2.24 Procedure in the event of an adverse ruling.
- § 2.25 Subpoenas served upon employees of the Office of the Inspector General.
- Subpart D Equal Treatment in Department of Labor Programs for Faith-Based and Community Organizations; Protection of Religious Liberty of Department of Labor Social Service Providers and Beneficiaries
- § 2.30 Purpose.
- § 2.31 Definitions.
- § 2.32 Equal participation of faith-based organizations.
- § 2.33 Responsibilities of DOL, DOL social service providers, and State and local governments administering DOL support.
- § 2.34 Written notice to beneficiaries.
- § 2.35 [Reserved]
- § 2.36 Application to State and local funds.
- § 2.37 Effect of DOL support on Title VII employment nondiscrimination requirements and on other existing statutes.
- § 2.38 Status of nonprofit organizations.
- § 2.39 Political or religious affiliation.
- § 2.40 Nondiscrimination among faith-based organizations.
- § 2.41 Severability.
- Appendix A to Subpart D of Part 2 Notice or Announcement of Award Opportunities
- Appendix B to Subpart D of Part 2 Notice of Award or Contract
- Appendix C to Subpart D of Part 2 Written Notice of Beneficiary Protections
- PART 3 CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
- § 3.1 Purpose and scope.
- § 3.2 Definitions.
- § 3.3 Certified payrolls.
- § 3.4 Submission of certified payroll and the preservation and inspection of weekly payroll records.
- § 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
- § 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
- § 3.7 Applications for the approval of the Secretary of Labor.
- § 3.8 Action by the Secretary of Labor upon applications.
- § 3.9 Prohibited payroll deductions.
- § 3.10 Methods of payment of wages.
- § 3.11 Regulations part of contract.
- PART 4 LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS
- Subpart A Service Contract Labor Standards Provisions and Procedures
- § 4.1 Purpose and scope.
- § 4.1a Definitions and use of terms.
- § 4.1b Payment of minimum compensation based on collectively bargained wage rates and fringe benefits applicable to employment under predecessor contract.
- § 4.2 Payment of minimum wage specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 under all service contracts.
- § 4.3 Wage determinations.
- § 4.4 Obtaining a wage determination.
- § 4.5 Contract specification of determined minimum wages and fringe benefits.
- § 4.6 Labor standards clauses for Federal service contracts exceeding $2,500.
- §§ 4.7-4.9 [Reserved]
- § 4.10 Substantial variance proceedings under section 4(c) of the Act.
- § 4.11 Arm's length proceedings.
- § 4.12 Substantial interest proceedings.
- Subpart B Wage Determination Procedures
- § 4.50 Types of wage and fringe benefit determinations.
- § 4.51 Prevailing in the locality determinations.
- § 4.52 Fringe benefit determinations.
- § 4.53 Collective bargaining agreement (successorship) determinations.
- § 4.54 Locality basis of wage and fringe benefit determinations.
- § 4.55 Issuance and revision of wage determinations.
- § 4.56 Review and reconsideration of wage determinations.
- Subpart C Application of the McNamara-O'Hara Service Contract Act
- 14 Introductory
- § 4.101 Official rulings and interpretations in this subpart.
- § 4.102 Administration of the Act.
- § 4.103 The Act.
- § 4.104 What the Act provides, generally.
- § 4.105 The Act as amended.
- § 4.106 [Reserved]
- 15 Agencies Whose Contracts May Be Covered
- § 4.107 Federal contracts.
- § 4.108 District of Columbia contracts.
- § 4.109 [Reserved]
- 16 Covered Contracts Generally
- § 4.110 What contracts are covered.
- § 4.111 Contracts “to furnish services.”
- § 4.112 Contracts to furnish services “in the United States.”
- § 4.113 Contracts to furnish services “through the use of service employees.”
- § 4.114 Subcontracts.
- 17 Specific Exclusions
- § 4.115 Exemptions and exceptions, generally.
- § 4.116 Contracts for construction activity.
- § 4.117 Work subject to requirements of Walsh-Healey Act.
- § 4.118 Contracts for carriage subject to published tariff rates.
- § 4.119 Contracts for services of communications companies.
- § 4.120 Contracts for public utility services.
- § 4.121 Contracts for individual services.
- § 4.122 Contracts for operation of postal contract stations.
- § 4.123 Administrative limitations, variances, tolerances, and exemptions.
- §§ 4.124-4.129 [Reserved]
- 18 Particular Application of Contract Coverage Principles
- § 4.130 Types of covered service contracts illustrated.
- § 4.131 Furnishing services involving more than use of labor.
- § 4.132 Services and other items to be furnished under a single contract.
- § 4.133 Beneficiary of contract services.
- § 4.134 Contracts outside the Act's coverage.
- §§ 4.135-4.139 [Reserved]
- 19 Determining Amount of Contract
- § 4.140 Significance of contract amount.
- § 4.141 General criteria for measuring amount.
- § 4.142 Contracts in an indefinite amount.
- 20 Changes in Contract Coverage
- § 4.143 Effects of changes or extensions of contracts, generally.
- § 4.144 Contract modifications affecting amount.
- § 4.145 Extended term contracts.
- 21 Period of Coverage
- § 4.146 Contract obligations after award, generally.
- §§ 4.147-4.149 [Reserved]
- 22 Employees Covered by the Act
- § 4.150 Employee coverage, generally.
- § 4.151 Employees covered by provisions of section 2(a).
- § 4.152 Employees subject to prevailing compensation provisions of sections 2(a)(1) and (2) and 4(c).
- § 4.153 Inapplicability of prevailing compensation provisions to some employees.
- § 4.154 Employees covered by sections 2(a)(3) and (4).
- § 4.155 Employee coverage does not depend on form of employment contract.
- § 4.156 Employees in bona fide executive, administrative, or professional capacity.
- §§ 4.157-4.158 [Reserved]
- Subpart D Compensation Standards
- § 4.159 General minimum wage.
- § 4.160 Effect of section 6(e) of the Fair Labor Standards Act.
- § 4.161 Minimum monetary wages under contracts exceeding $2,500.
- § 4.162 Fringe benefits under contracts exceeding $2,500.
- § 4.163 Section 4(c) of the Act.
- § 4.164 [Reserved]
- 23 Compliance with Compensation Standards
- § 4.165 Wage payments and fringe benefits—in general.
- § 4.166 Wage payments—unit of payment.
- § 4.167 Wage payments—medium of payment.
- § 4.168 Wage payments—deductions from wages paid.
- § 4.169 Wage payments—work subject to different rates.
- § 4.170 Furnishing fringe benefits or equivalents.
- § 4.171 “Bona fide” fringe benefits.
- § 4.172 Meeting requirements for particular fringe benefits—in general.
- § 4.173 Meeting requirements for vacation fringe benefits.
- § 4.174 Meeting requirements for holiday fringe benefits.
- § 4.175 Meeting requirements for health, welfare, and/or pension benefits.
- § 4.176 Payment of fringe benefits to temporary and part-time employees.
- § 4.177 Discharging fringe benefit obligations by equivalent means.
- § 4.178 Computation of hours worked.
- § 4.179 Identification of contract work.
- 24 Overtime Pay of Covered Employees
- § 4.180 Overtime pay—in general.
- § 4.181 Overtime pay provisions of other Acts.
- § 4.182 Overtime pay of service employees entitled to fringe benefits.
- 25 Notice to Employees
- § 4.183 Employees must be notified of compensation required.
- § 4.184 Posting of notice.
- 26 Records
- § 4.185 Recordkeeping requirements.
- § 4.186 [Reserved]
- Subpart E Enforcement
- § 4.187 Recovery of underpayments.
- § 4.188 Ineligibility for further contracts when violations occur.
- § 4.189 Administrative proceedings relating to enforcement of labor standards.
- § 4.190 Contract cancellation.
- § 4.191 Complaints and compliance assistance.
- PART 5 LABOR STANDARDS PROVISIONS APPLICABLE TO CONTRACTS COVERING FEDERALLY FINANCED AND ASSISTED CONSTRUCTION (ALSO LABOR STANDARDS PROVISIONS APPLICABLE TO NONCONSTRUCTION CONTRACTS SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT)
- Subpart A Davis-Bacon and Related Acts Provisions and Procedures
- § 5.1 Purpose and scope.
- § 5.2 Definitions.
- §§ 5.3-5.4 [Reserved]
- § 5.5 Contract provisions and related matters.
- § 5.6 Enforcement.
- § 5.7 Reports to the Secretary of Labor.
- § 5.8 Liquidated damages under the Contract Work Hours and Safety Standards Act.
- § 5.9 Suspension of funds.
- § 5.10 Restitution, criminal action.
- § 5.11 Disputes concerning payment of wages.
- § 5.12 Debarment proceedings.
- § 5.13 Rulings and interpretations.
- § 5.14 Variations, tolerances, and exemptions from parts 1 and 3 of this subtitle and this part.
- § 5.15 Limitations, variations, tolerances, and exemptions under the Contract Work Hours and Safety Standards Act.
- § 5.16 [Reserved]
- § 5.17 [Reserved]
- § 5.18 Remedies for retaliation.
- Subpart B Interpretation of the Fringe Benefits Provisions of the Davis-Bacon Act
- § 5.20 Scope and significance of this subpart.
- § 5.21 [Reserved]
- § 5.22 Effect of the Davis-Bacon fringe benefits provisions.
- § 5.23 The statutory provisions.
- § 5.24 The basic hourly rate of pay.
- § 5.25 Rate of contribution or cost for fringe benefits.
- § 5.26 “* * * contribution irrevocably made * * * to a trustee or to a third person”.
- § 5.27 “* * * fund, plan, or program”.
- § 5.28 Unfunded plans.
- § 5.29 Specific fringe benefits.
- § 5.30 Types of wage determinations.
- § 5.31 Meeting wage determination obligations.
- § 5.32 Overtime payments.
- § 5.33 Administrative expenses of a contractor or subcontractor.
- Subpart C Severability
- § 5.40 Severability.
- PART 6 RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS ENFORCING LABOR STANDARDS IN FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND FEDERAL SERVICE CONTRACTS
- Subpart A General
- § 6.1 Applicability of rules.
- § 6.2 Definitions.
- § 6.3 Service; copies of documents and pleadings.
- § 6.4 Subpoenas (Service Contract Act).
- § 6.5 Production of documents and witnesses.
- § 6.6 Administrative Law Judge.
- § 6.7 Appearances.
- § 6.8 Transmission of record.
- Subpart B Enforcement Proceedings Under the Service Contract Act (and Under the Contract Work Hours and Safety Standards Act for Contracts Subject to the Service Contract Act)
- § 6.15 Complaints.
- § 6.16 Answers.
- § 6.17 Amendments to pleadings.
- § 6.18 Consent findings and order.
- § 6.19 Decision of the Administrative Law Judge.
- § 6.20 Petition for review.
- § 6.21 Ineligible list.
- Subpart C Enforcement Proceedings Under the Davis-Bacon Act and Related Prevailing Wage Statutes, the Copeland Act, and the Contract Work Hours and Safety Standards Act (Except Under Contracts Subject to the Service Contract Act)
- § 6.30 Referral to Chief Administrative Law Judge.
- § 6.31 Amendments to pleadings.
- § 6.32 Consent findings and order.
- § 6.33 Decision of the Administrative Law Judge.
- § 6.34 Petition for review.
- § 6.35 Ineligible lists.
- Subpart D Substantial Interest Proceedings
- § 6.40 Scope.
- § 6.41 Referral to Chief Administrative Law Judge.
- § 6.42 Amendments to pleadings.
- § 6.43 Consent findings and order.
- § 6.44 Decision of the Administrative Law Judge.
- § 6.45 Petition for review.
- § 6.46 Ineligible list.
- Subpart E Substantial Variance and Arm's Length Proceedings
- § 6.50 Scope.
- § 6.51 Referral to Chief Administrative Law Judge.
- § 6.52 Appointment of Administrative Law Judge and notification of prehearing conference and hearing date.
- § 6.53 Prehearing conference.
- § 6.54 Hearing.
- § 6.55 Closing of record.
- § 6.56 Decision of the Administrative Law Judge.
- § 6.57 Petition for review.
- PART 7 PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTS
- Subpart A Purpose and Scope
- § 7.1 Purpose and scope.
- Subpart B Review of Wage Determinations.
- § 7.2 Who may file petitions for review.
- § 7.3 Where to file.
- § 7.4 When to file.
- § 7.5 Contents of petitions.
- § 7.6 Filing of wage determination record.
- § 7.7 Presentations of other interested persons.
- § 7.8 Disposition by the Administrative Review Board.
- Subpart C Review of Other Proceedings and Related Matters
- § 7.9 Review of decisions in other proceedings.
- Subpart D Some General Procedural Matters
- § 7.11 Right to counsel.
- § 7.12 Intervention; other participation.
- § 7.13 Consolidations.
- § 7.14 Oral proceedings.
- § 7.15 Public information.
- § 7.16 Filing and service.
- § 7.17 Variations in procedures.
- § 7.18 Motions; extensions of time.
- PART 8 PRACTICE BEFORE THE ADMINISTRATIVE REVIEW BOARD WITH REGARD TO FEDERAL SERVICE CONTRACTS
- Subpart A Purpose and Scope
- § 8.1 Purpose and scope.
- Subpart B Review of Wage Determinations
- § 8.2 Who may file petitions of review.
- § 8.3 When to file.
- § 8.4 Contents of petition.
- § 8.5 Filing of wage determination record.
- § 8.6 Disposition by the Administrative Review Board.
- Subpart C Review of Other Proceedings and Related Matters
- § 8.7 Review of decisions in other proceedings.
- § 8.8 Filing of administrative record.
- § 8.9 Disposition by the Administrative Review Board.
- Subpart D General Procedural Matters
- § 8.10 Filing and service.
- § 8.11 Presentations of other interested persons.
- § 8.12 Intervention; other participation.
- § 8.13 Right to counsel.
- § 8.14 Consolidations.
- § 8.15 Motions; extensions of time.
- § 8.16 Oral proceedings.
- § 8.17 Decision of the Board.
- § 8.18 Public information.
- § 8.19 Equal Access to Justice Act.
- 9 PART 9 [RESERVED]
- PART 10 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS
- Subpart A General
- § 10.1 Purpose and scope.
- § 10.2 Definitions.
- § 10.3 Coverage.
- § 10.4 Exclusions.
- § 10.5 Minimum wage for Federal contractors and subcontractors.
- § 10.6 Antiretaliation.
- § 10.7 Waiver of rights.
- Subpart B Federal Government Requirements
- § 10.11 Contracting agency requirements.
- § 10.12 Department of Labor requirements.
- Subpart C Contractor Requirements
- § 10.21 Contract clause.
- § 10.22 Rate of pay.
- § 10.23 Deductions.
- § 10.24 Overtime payments.
- § 10.25 Frequency of pay.
- § 10.26 Records to be kept by contractors.
- § 10.27 Anti-kickback.
- § 10.28 Tipped employees.
- § 10.29 Notice.
- Subpart D Enforcement
- § 10.41 Complaints.
- § 10.42 Wage and Hour Division conciliation.
- § 10.43 Wage and Hour Division investigation.
- § 10.44 Remedies and sanctions.
- Subpart E Administrative Proceedings
- § 10.51 Disputes concerning contractor compliance.
- § 10.52 Debarment proceedings.
- § 10.53 Referral to Chief Administrative Law Judge; amendment of pleadings.
- § 10.54 Consent findings and order.
- § 10.55 Proceedings of the Administrative Law Judge.
- § 10.56 Petition for review.
- § 10.57 Administrative Review Board proceedings.
- § 10.58 Administrator ruling.
- Appendix A to 29 CFR Part 10 Contract Clause
- PART 11 DEPARTMENT OF LABOR NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE PROCEDURES
- Subpart A General Provisions
- § 11.1 Purpose and scope.
- § 11.2 Applicability.
- § 11.3 Responsible agency officials.
- Subpart B Administrative Procedures
- § 11.10 Identification of agency actions.
- § 11.11 Development of environmental analyses and documents.
- § 11.12 Content and format of environmental documents.
- § 11.13 Public participation.
- § 11.14 Legislation.
- PART 12 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
- § 12.1 Uniform relocation assistance and real property acquisition.
- PART 13 ESTABLISHING PAID SICK LEAVE FOR FEDERAL CONTRACTORS
- Subpart A General
- § 13.1 Purpose and scope.
- § 13.2 Definitions.
- § 13.3 Coverage.
- § 13.4 Exclusions.
- § 13.5 Paid sick leave for Federal contractors and subcontractors.
- § 13.6 Prohibited acts.
- § 13.7 Waiver of rights.
- § 13.8 Multiemployer plans or other funds, plans, or programs.
- Subpart B Federal Government Requirements
- § 13.11 Contracting agency requirements.
- § 13.12 Department of Labor requirements.
- Subpart C Contractor Requirements
- § 13.21 Contract clause.
- § 13.22 Paid sick leave.
- § 13.23 Deductions.
- § 13.24 Anti-kickback.
- § 13.25 Records to be kept by contractors.
- § 13.26 Notice.
- § 13.27 Timing of pay.
- Subpart D Enforcement
- § 13.41 Complaints.
- § 13.42 Wage and Hour Division conciliation.
- § 13.43 Wage and Hour Division investigation.
- § 13.44 Remedies and sanctions.
- Subpart E Administrative Proceedings
- § 13.51 Disputes concerning contractor compliance.
- § 13.52 Debarment proceedings.
- § 13.53 Referral to Chief Administrative Law Judge; amendment of pleadings.
- § 13.54 Consent findings and order.
- § 13.55 Administrative Law Judge proceedings.
- § 13.56 Petition for review.
- § 13.57 Administrative Review Board proceedings.
- § 13.58 Administrator ruling.
- Appendix A to Part 13 Contract Clause
- PART 14 SECURITY REGULATIONS
- Subpart A Introduction to Security Regulations
- § 14.1 Purpose.
- § 14.2 Policy.
- § 14.3 DOL Classification Review Committee.
- § 14.4 Definitions.
- Subpart B Review of Classified Information
- § 14.10 Mandatory review for declassification.
- Subpart C Transmission of Classified Information
- § 14.20 Dissemination to individuals and firms outside the executive branch.
- § 14.21 Release of classified information to foreign governments.
- § 14.22 Availability of classified information to persons not employed by the Department of Labor.
- PART 15 ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED CLAIMS STATUTES
- Subpart A Introduction
- § 15.1 What is the scope and purpose of this part?
- § 15.2 What definitions apply to this part?
- Subpart B Claims Against the Government Under the Federal Tort Claims Act
- § 15.100 What claims against the Department are covered by the FTCA?
- § 15.101 Who may file an administrative claim under the FTCA against the Department?
- § 15.102 May an insurance company file an FTCA administrative claim on behalf of a claimant?
- § 15.103 May an agent or legal representative file an FTCA administrative claim on behalf of a claimant?
- § 15.104 Where should the FTCA administrative claim be filed?
- § 15.105 What information and evidence should be provided to DOL to substantiate an FTCA administrative claim?
- § 15.106 How is the administrative claim processed?
- § 15.107 What must be provided in the administrative report?
- § 15.108 Who is authorized to decide an administrative claim?
- § 15.109 What if the claim is denied?
- § 15.110 What must a claimant do if the administrative claim is approved?
- § 15.111 If the administrative claim is approved, how is the award paid?
- Subpart C Claims Under the Military Personnel and Civilian Employees' Claims Act of 1964
- § 15.200 What is a claim under the MPCECA and who may file such a claim?
- § 15.201 Where should the MPCECA claim be filed?
- § 15.202 How is a claim filed under the MPCECA?
- § 15.203 When should a claim under the MPCECA be filed?
- § 15.204 Are there limits on claims under the MPCECA?
- § 15.205 What types of claims for property damage are allowed under the MPCECA?
- § 15.206 What claims arising at a residence or Telework location may be covered under the MPCECA?
- § 15.207 What are examples of claims allowed under the MPCECA?
- § 15.208 What are the restrictions on otherwise allowable claims?
- § 15.209 What claims are not allowed?
- § 15.210 What affect does insurance have on a claim under the MPCECA?
- § 15.211 How is a claim under this subpart processed?
- § 15.212 How is the amount of the award under this subpart calculated?
- § 15.213 Are there limits to representatives' fees for claims under this subpart?
- § 15.214 How may a decision under this subpart be reconsidered?
- Subpart D Claims Arising Out of the Operation of the Job Corps
- § 15.300 How are claims involving the Job Corps initiated?
- § 15.301 What office is responsible for determining liability in claims arising out of the Job Corps?
- § 15.302 What procedures apply to these claims?
- § 15.303 How does a Job Corps student file a claim for loss of or damages to personal property under the WIA?
- § 15.304 Are there limits to claims for loss of or damages to personal property under the WIA?
- PART 16 EQUAL ACCESS TO JUSTICE ACT
- Subpart A General Provisions
- § 16.101 Purpose of these rules.
- § 16.102 Definitions.
- § 16.103 When the Act applies.
- § 16.104 Proceedings covered.
- § 16.105 Eligibility of applicants.
- § 16.106 Standards for awards.
- § 16.107 Allowable fees and expenses.
- § 16.108 Awards against other agencies.
- Subpart B Information Required From Applicants
- § 16.201 Contents of application.
- § 16.202 Net worth exhibit.
- § 16.203 Documentation of fees and expenses.
- § 16.204 When an application may be filed.
- Subpart C Procedures for Considering Applications
- § 16.301 Filing and service of documents.
- § 16.302 Answer to application.
- § 16.303 Settlement.
- § 16.304 Further proceedings.
- § 16.305 Decision.
- § 16.306 Review by the Secretary.
- § 16.307 Judicial review.
- § 16.308 Payment of award.
- PART 17 INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF LABOR PROGRAMS AND ACTIVITIES
- § 17.1 What is the purpose of these regulations?
- § 17.2 What definitions apply to these regulations?
- § 17.3 What programs and activities of the Department are subject to these regulations?
- § 17.4 What are the Secretary's general responsibilities under the Order?
- § 17.5 What is the Secretary's obligation with respect to Federal interagency coordination?
- § 17.6 What procedures apply to the selection of programs and activities under these regulations?
- § 17.7 How does the Secretary communicate with state and local officials concerning the Department's programs and activities?
- § 17.8 How does the Secretary provide states an opportunity to comment on proposal Federal financial assistance?
- § 17.9 How does the Secretary receive and respond to comments?
- § 17.10 How does the Secretary make efforts to accommodate intergovernmental concerns?
- § 17.11 What are the Secretary's obligations in interstate situations?
- § 17.12 How may a state simplify, consolidate, or substitute federally required state plans?
- § 17.13 May the Secretary waive any provision of these regulations?
- PART 18 RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
- Subpart A General
- 47 General Provisions
- § 18.10 Scope and purpose.
- § 18.11 Definitions.
- § 18.12 Proceedings before administrative law judge.
- § 18.13 Settlement judge procedure.
- § 18.14 Ex parte communication.
- § 18.15 Substitution of administrative law judge.
- § 18.16 Disqualification.
- § 18.17 Legal assistance.
- 48 Parties and Representatives
- § 18.20 Parties to a proceeding.
- § 18.21 Party appearance and participation.
- § 18.22 Representatives.
- § 18.23 Disqualification of representatives.
- § 18.24 Briefs from amicus curiae.
- 49 Service, Format, and Timing of Filings and Other Papers
- § 18.30 Service and filing.
- § 18.31 Privacy protection for filings and exhibits.
- § 18.32 Computing and extending time.
- § 18.33 Motions and other papers.
- § 18.34 Format of papers filed.
- § 18.35 Signing motions and other papers; representations to the judge; sanctions.
- § 18.36 Amendments after referral to the Office of Administrative Law Judges.
- 50 Prehearing Procedure
- § 18.40 Notice of hearing.
- § 18.41 Continuances and changes in place of hearing.
- § 18.42 Expedited proceedings.
- § 18.43 Consolidation; separate hearings.
- § 18.44 Prehearing conference.
- 51 Disclosure and Discovery
- § 18.50 General provisions governing disclosure and discovery.
- § 18.51 Discovery scope and limits.
- § 18.52 Protective orders.
- § 18.53 Supplementing disclosures and responses.
- § 18.54 Stipulations about discovery procedure.
- § 18.55 Using depositions at hearings.
- § 18.56 Subpoena.
- § 18.57 Failure to make disclosures or to cooperate in discovery; sanctions.
- 52 Types of Discovery
- § 18.60 Interrogatories to parties.
- § 18.61 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
- § 18.62 Physical and mental examinations.
- § 18.63 Requests for admission.
- § 18.64 Depositions by oral examination.
- § 18.65 Depositions by written questions.
- 53 Disposition Without Hearing
- § 18.70 Motions for dispositive action.
- § 18.71 Approval of settlement or consent findings.
- § 18.72 Summary decision.
- 54 Hearing
- § 18.80 Prehearing statement.
- § 18.81 Formal hearing.
- § 18.82 Exhibits.
- § 18.83 Stipulations.
- § 18.84 Official notice.
- § 18.85 Privileged, sensitive, or classified material.
- § 18.86 Hearing room conduct.
- § 18.87 Standards of conduct.
- § 18.88 Transcript of proceedings.
- 55 Post Hearing
- § 18.90 Closing the record; subsequent motions.
- § 18.91 Post-hearing brief.
- § 18.92 Decision and order.
- § 18.93 Motion for reconsideration.
- § 18.94 Indicative ruling on a motion for relief that is barred by a pending petition for review.
- § 18.95 Review of decision and review by the Secretary.
- Subpart B Rules of Evidence
- § 18.101 Scope.
- § 18.102 Purpose and construction.
- § 18.103 Rulings on evidence.
- § 18.104 Preliminary questions.
- § 18.105 Limited admissibility.
- § 18.106 Remainder of or related writings or recorded statements.
- 56 Official Notice
- § 18.201 Official notice of adjudicative facts.
- 57 Presumptions
- § 18.301 Presumptions in general.
- § 18.302 Applicability of state law.
- 58 Relevancy and Its Limits
- § 18.401 Definition of relevant evidence.
- § 18.402 Relevant evidence generally admissible; irrelevant evidence inadmissible.
- § 18.403 Exclusion of relevant evidence on grounds of confusion or waste of time.
- § 18.404 Character evidence not admissible to prove conduct; exceptions; other crimes.
- § 18.405 Methods of proving character.
- § 18.406 Habit; routine practice.
- § 18.407 Subsequent remedial measures.
- § 18.408 Compromise and offers to compromise.
- § 18.409 Payment of medical and similar expenses.
- § 18.410 Inadmissibility of pleas, plea discussion, and related statements.
- § 18.411 Liability insurance.
- 59 Privileges
- § 18.501 General rule.
- 60 Witnesses
- § 18.601 General rule of competency.
- § 18.602 Lack of personal knowledge.
- § 18.603 Oath or affirmation.
- § 18.604 Interpreters.
- § 18.605 Competency of judge as witness.
- § 18.606 [Reserved]
- § 18.607 Who may impeach.
- § 18.608 Evidence of character and conduct of witness.
- § 18.609 Impeachment by evidence of conviction of crime.
- § 18.610 Religious beliefs or opinions.
- § 18.611 Mode and order of interrogation and presentation.
- § 18.612 Writing used to refresh memory.
- § 18.613 Prior statements of witnesses.
- § 18.614 Calling and interrogation of witnesses by judge.
- § 18.615 Exclusion of witnesses.
- 61 Opinions and Expert Testimony
- § 18.701 Opinion testimony by lay witnesses.
- § 18.702 Testimony by experts.
- § 18.703 Bases of opinion testimony by experts.
- § 18.704 Opinion on ultimate issue.
- § 18.705 Disclosure of facts or data underlying expert opinion.
- § 18.706 Judge appointed experts.
- 62 Hearsay
- § 18.801 Definitions.
- § 18.802 Hearsay rule.
- § 18.803 Hearsay exceptions; availability of declarant immaterial.
- § 18.804 Hearsay exceptions; declarant unavailable.
- § 18.805 Hearsay within hearsay.
- § 18.806 Attacking and supporting credibility of declarant.
- 63 Authentication and Identification
- § 18.901 Requirement of authentication or identification.
- § 18.902 Self-authentication.
- § 18.903 Subscribing witness' testimony unnecessary.
- 64 Contents of Writings, Recordings, and Photographs
- § 18.1001 Definitions.
- § 18.1002 Requirement of original.
- § 18.1003 Admissibility of duplicates.
- § 18.1004 Admissibility of other evidence of contents.
- § 18.1005 Public records.
- § 18.1006 Summaries.
- § 18.1007 Testimony or written admission of party.
- § 18.1008 Functions of the judge.
- 65 Applicability
- § 18.1101 Applicability of rules.
- § 18.1102 [Reserved]
- § 18.1103 Title.
- § 18.1104 Effective date.
- Appendix to Subpart B of Part 18 Reporter's Notes
- PART 19 RIGHT TO FINANCIAL PRIVACY ACT
- § 19.1 Definitions.
- § 19.2 Purpose.
- § 19.3 Authorization.
- § 19.4 Contents of request.
- § 19.5 Certification.
- PART 20 FEDERAL CLAIMS COLLECTION
- Subpart A Disclosure of Information to Credit Reporting Agencies
- § 20.1 Purpose and scope.
- § 20.2 Definitions.
- § 20.3 Agency responsibilities.
- § 20.4 Determination of delinquency; notice.
- § 20.5 Examination of records relating to the claim; opportunity for full explanation of the claim.
- § 20.6 Opportunity for repayment.
- § 20.7 Review of the obligation.
- § 20.8 Disclosure to credit reporting agencies.
- § 20.9 Waiver of credit reporting.
- § 20.10 Responsibilities of the Chief Financial Officer.
- Subpart B Administrative Offset
- § 20.19 Purpose and scope.
- § 20.20 Definitions.
- § 20.21 Agency responsibilities.
- § 20.22 Notifications.
- § 20.23 Examination of records relating to the claim; opportunity for full explanation of the claim.
- § 20.24 Opportunity for repayment.
- § 20.25 Review of the obligation.
- § 20.26 Request for waiver or administrative review.
- § 20.27 Cooperation with other DOL agencies and Federal agencies.
- § 20.28 DOL agency as organization holding funds of the debtor.
- § 20.29 Notice of offset.
- § 20.30 Multiple debts.
- § 20.31 Administrative offset against amounts payable from Civil Service Retirement and Disability fund.
- § 20.32 Liquidation of collateral.
- § 20.33 Collection in installments.
- § 20.34 Exclusions.
- § 20.35 Additional administrative collection action.
- § 20.36 Prior provision of rights with respect to debt.
- § 20.37 Responsibilities of the Chief Financial Officer.
- Subpart C Interest, Penalties and Administrative Costs
- § 20.50 Purpose and scope.
- § 20.51 Exemptions.
- § 20.52 Definitions.
- § 20.53 Agency responsibilities.
- § 20.54 Notification of charges.
- § 20.55 Second and subsequent notifications.
- § 20.56 Delivery of notices.
- § 20.57 Accrual of interest.
- § 20.58 Rate of interest.
- § 20.59 Assessment of administrative costs.
- § 20.60 Application of partial payments to amounts owed.
- § 20.61 Waiver.
- § 20.62 Responsibilities of the Chief Financial Officer.
- Subpart D Salary Offset
- § 20.74 Purpose.
- § 20.75 Scope.
- § 20.76 Definitions.
- § 20.77 Agency responsibilities.
- § 20.78 Notifications.
- § 20.79 Examination of records relating to the claim; opportunity for full explanation of the claim.
- § 20.80 Opportunity for repayment.
- § 20.81 Review of the obligation.
- § 20.82 Cooperation with other DOL agencies and Federal agencies.
- § 20.83 DOL agency as paying agency of the debtor.
- § 20.84 Collections.
- § 20.85 Notice of offset.
- § 20.86 Non-waiver of rights by payments.
- § 20.87 Refunds.
- § 20.88 Additional administrative collection action.
- § 20.89 Prior provision of rights with respect to debt.
- § 20.90 Responsibilities of the Chief Financial Officer.
- Subpart E Federal Income Tax Refund Offset
- § 20.101 Purpose and scope.
- § 20.102 Redelegation of authority.
- § 20.103 Definitions.
- § 20.104 Agency responsibilities.
- § 20.105 Minimum referral amount.
- § 20.106 Relation to other collection efforts.
- § 20.107 Debtor notification.
- § 20.108 Agency review of the obligation.
- § 20.109 Prior provision of rights with respect to debt.
- § 20.110 Referral to IRS for tax refund offset.
- § 20.111 Administrative cost charges.
- Subpart F Administrative Wage Garnishment
- § 20.201 Purpose.
- § 20.202 Scope.
- § 20.203 Definitions.
- § 20.204 General rule.
- § 20.205 Notice requirements.
- § 20.206 Hearing.
- § 20.207 Wage garnishment order.
- § 20.208 Certification by employer.
- § 20.209 Amounts withheld.
- § 20.210 Exclusions from garnishment.
- § 20.211 Financial hardship.
- § 20.212 Ending garnishment.
- § 20.213 Actions prohibited by employer.
- § 20.214 Refunds.
- § 20.215 Right of action.
- PART 21 PROTECTION OF HUMAN SUBJECTS
- § 21.101 To what does this policy apply?
- § 21.102 Definitions for purposes of this policy.
- § 21.103 Assuring compliance with this policy—research conducted or supported by any Federal department or agency.
- § 21.104 Exempt research.
- §§ 21.105-21.106 [Reserved]
- § 21.107 IRB membership.
- § 21.108 IRB functions and operations.
- § 21.109 IRB review of research.
- § 21.110 Expedited review procedures for certain kinds of research involving no more than minimal risk, and for minor changes in approved research.
- § 21.111 Criteria for IRB approval of research.
- § 21.112 Review by Institution
- § 21.113 Suspension or Termination of IRB Approval of Research.
- § 21.114 Cooperative Research.
- § 21.115 IRB Records.
- § 21.116 General Requirements for Informed Consent.
- § 21.117 Documentation of informed consent.
- § 21.118 Applications and proposals lacking definite plans for involvement of human subjects.
- § 21.119 Research undertaken without the intention of involving human subjects.
- § 21.120 Evaluation and disposition of applications and proposals for research to be conducted or supported by a Federal department or agency.
- § 21.121 [Reserved]
- § 21.122 Use of Federal funds.
- § 21.123 Early termination of research support: Evaluation of applications and proposals.
- § 21.124 Conditions.
- PART 22 PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
- § 22.1 Basis and purpose.
- § 22.2 Definitions.
- § 22.3 Basis for civil penalties and assessments.
- § 22.4 Investigation.
- § 22.5 Review by the reviewing official.
- § 22.6 Prerequisites for issuing a complaint.
- § 22.7 Complaint.
- § 22.8 Service of complaint.
- § 22.9 Answer.
- § 22.10 Default upon failure to file an answer.
- § 22.11 Referral of complaint and answer to the ALJ.
- § 22.12 Notice of hearing.
- § 22.13 Parties to the hearing.
- § 22.14 Separation of functions.
- § 22.15 Ex parte contacts.
- § 22.16 Disqualification of reviewing official or ALJ.
- § 22.17 Rights of parties.
- § 22.18 Authority of the ALJ.
- § 22.19 Prehearing conferences.
- § 22.20 Disclosure of documents.
- § 22.21 Discovery.
- § 22.22 Exchange of witness lists, statements, and exhibits.
- § 22.23 Subpoenas for attendance at hearing.
- § 22.24 Protective order.
- § 22.25 Fees.
- § 22.26 Form, filing and service of papers.
- § 22.27 Computation of time.
- § 22.28 Motions.
- § 22.29 Sanctions.
- § 22.30 The hearing and burden of proof.
- § 22.31 Determining the amount of penalties and assessments.
- § 22.32 Location of hearing.
- § 22.33 Witnesses.
- § 22.34 Evidence.
- § 22.35 The record.
- § 22.36 Post-hearing briefs.
- § 22.37 Initial decision.
- § 22.38 Reconsideration of initial decision.
- § 22.39 Appeal to ARB.
- § 22.40 Stays ordered by the Department of Justice.
- § 22.41 Stay pending appeal.
- § 22.42 Judicial review.
- § 22.43 Collection of civil penalties and assessments.
- § 22.44 Right to administrative offset.
- § 22.45 Deposit in Treasury of United States.
- § 22.46 Compromise or settlement.
- § 22.47 Limitations.
- PART 23 INCREASING THE MINIMUM WAGE FOR FEDERAL CONTRACTORS
- Subpart A General
- § 23.10 Purpose and scope.
- § 23.20 Definitions.
- § 23.30 Coverage.
- § 23.40 Exclusions.
- § 23.50 Minimum wage for Federal contractors and subcontractors.
- § 23.60 Antiretaliation.
- § 23.70 Waiver of rights.
- § 23.80 Severability.
- Subpart B Federal Government Requirements
- § 23.110 Contracting agency requirements.
- § 23.120 Department of Labor requirements.
- Subpart C Contractor Requirements
- § 23.210 Contract clause.
- § 23.220 Rate of pay.
- § 23.230 Deductions.
- § 23.240 Overtime payments.
- § 23.250 Frequency of pay.
- § 23.260 Records to be kept by contractors.
- § 23.270 Anti-kickback.
- § 23.280 Tipped employees.
- § 23.290 Notice.
- Subpart D Enforcement
- § 23.410 Complaints.
- § 23.420 Wage and Hour Division conciliation.
- § 23.430 Wage and Hour Division investigation.
- § 23.440 Remedies and sanctions.
- Subpart E Administrative Proceedings
- § 23.510 Disputes concerning contractor compliance.
- § 23.520 Debarment proceedings.
- § 23.530 Referral to Chief Administrative Law Judge; amendment of pleadings.
- § 23.540 Consent findings and order.
- § 23.550 Proceedings of the Administrative Law Judge.
- § 23.560 Petition for review.
- § 23.570 Administrative Review Board proceedings.
- § 23.580 Administrator ruling.
- Appendix A to Part 23 Contract Clause
- PART 24 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISIONS OF SIX ENVIRONMENTAL STATUTES AND SECTION 211 OF THE ENERGY REORGANIZATION ACT OF 1974, AS AMENDED
- Subpart A Complaints, Investigations, Issuance of Findings
- § 24.100 Purpose and scope.
- § 24.101 Definitions.
- § 24.102 Obligations and prohibited acts.
- § 24.103 Filing of retaliation complaint.
- § 24.104 Investigation.
- § 24.105 Issuance of findings and orders.
- Subpart B Litigation
- § 24.106 Objections to the findings and order and request for a hearing.
- § 24.107 Hearings.
- § 24.108 Role of Federal agencies.
- § 24.109 Decision and orders of the administrative law judge.
- § 24.110 Decisions and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 24.111 Withdrawal of complaints, objections, and petitions for review; settlement.
- § 24.112 Judicial review.
- § 24.113 Judicial enforcement.
- § 24.114 District court jurisdiction of retaliation complaints under the Energy Reorganization Act.
- § 24.115 Special circumstances; waiver of rules.
- PART 25 RULES FOR THE NOMINATION OF ARBITRATORS UNDER SECTION 11 OF EXECUTIVE ORDER 10988
- § 25.1 Purpose and scope.
- § 25.2 Definitions.
- § 25.3 Requests for nomination of arbitrators: Filing, disputes, parties, time.
- § 25.4 Contents of requests; service on other parties; answer; intervention.
- § 25.5 Action to be taken by the Secretary; nomination and selection.
- § 25.6 Time; additional time after service by mail.
- § 25.7 Fees; cost; expenses; decisions.
- § 25.8 Construction of rules.
- PART 26 ADMINISTRATIVE REVIEW BOARD RULES OF PRACTICE AND PROCEDURE
- § 26.1 Purpose and scope.
- § 26.2 General procedural matters.
- § 26.3 Filing.
- § 26.4 Service.
- PART 29 LABOR STANDARDS FOR THE REGISTRATION OF APPRENTICESHIP PROGRAMS
- § 29.1 Purpose and scope.
- § 29.2 Definitions.
- § 29.3 Eligibility and procedure for registration of an apprenticeship program.
- § 29.4 Criteria for apprenticeable occupations.
- § 29.5 Standards of apprenticeship.
- § 29.6 Program performance standards.
- § 29.7 Apprenticeship agreement.
- § 29.8 Deregistration of a registered program.
- § 29.9 Reinstatement of program registration.
- § 29.10 Hearings for deregistration.
- § 29.11 Limitations.
- § 29.12 Complaints.
- § 29.13 Recognition of State Apprenticeship Agencies.
- § 29.14 Derecognition of State Apprenticeship Agencies.
- PART 30 EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP
- § 30.1 Purpose, applicability, and relationship to other laws.
- § 30.2 Definitions.
- § 30.3 Equal opportunity standards applicable to all sponsors.
- § 30.4 Affirmative action programs.
- § 30.5 Utilization analysis for race, sex, and ethnicity.
- § 30.6 Establishment of utilization goals for race, sex, and ethnicity.
- § 30.7 Utilization goals for individuals with disabilities.
- § 30.8 Targeted outreach, recruitment, and retention.
- § 30.9 Review of personnel processes.
- § 30.10 Selection of apprentices.
- § 30.11 Invitation to self-identify as an individual with a disability.
- § 30.12 Recordkeeping.
- § 30.13 Equal employment opportunity compliance reviews.
- § 30.14 Complaints.
- § 30.15 Enforcement actions.
- § 30.16 Reinstatement of program registration.
- § 30.17 Intimidation and retaliation prohibited.
- § 30.18 State apprenticeship agencies.
- § 30.19 Exemptions.
- PART 31 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
- § 31.1 Purpose.
- § 31.2 Definitions.
- § 31.3 General standards.
- § 31.4 [Reserved]
- § 31.5 Compliance information.
- § 31.6 Assurances required.
- § 31.7 Conduct of investigations.
- § 31.8 Procedure for effecting compliance.
- § 31.9 Hearings.
- § 31.10 Decisions and notices.
- § 31.11 Judicial review.
- § 31.12 Effect on other regulations; supervision and coordination.
- PART 32 NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
- Subpart A General Provisions
- § 32.1 Purpose.
- § 32.2 Application.
- § 32.3 Definitions.
- § 32.4 Discrimination prohibited.
- § 32.5 Assurances required.
- § 32.6 Remedial action, voluntary action, and self-evaluation.
- § 32.7 Designation of responsible employee.
- § 32.8 Notice.
- § 32.9 Administrative requirements for small recipients.
- § 32.10 Effect of State or local law or other requirements and effect of employment opportunities.
- Subpart B Employment Practices and Employment Related Training Participation
- § 32.12 Discrimination prohibited.
- § 32.13 Reasonable accommodation.
- § 32.14 Job qualifications.
- § 32.15 Preemployment inquiries.
- § 32.16 Listing of employment openings.
- § 32.17 Labor unions and recruiting and training agencies.
- Subpart C Accessibility
- § 32.26 Discrimination prohibited.
- § 32.27 Accessibility.
- § 32.28 Architectural standards.
- Subpart D Procedures
- § 32.44 Compliance information.
- § 32.45 Investigations.
- § 32.46 Procedure for effecting compliance.
- § 32.47 Hearing practice and procedure.
- Subpart E Auxiliary Matters
- § 32.48 Post-termination proceedings.
- § 32.49 Recordkeeping.
- § 32.50 Access to records.
- § 32.51 Rulings and interpretations.
- Appendix A Appendix A to Part 32
- PART 33 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF LABOR
- § 33.1 Purpose.
- § 33.2 Application.
- § 33.3 Definitions.
- § 33.4 Self-evaluation.
- § 33.5 Notice.
- § 33.6 General prohibitions against discrimination.
- § 33.7 Employment.
- § 33.8 Program accessibility: Discrimination prohibited.
- § 33.9 Program accessibility: Existing facilities.
- § 33.10 Program accessibility: New construction and alterations.
- § 33.11 Communications.
- § 33.12 Complaint handling procedures.
- § 33.13 Intimidation and retaliation prohibited.
- 34 PART 34 [RESERVED]
- PART 35 NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF LABOR
- Subpart A General
- § 35.1 What is the purpose of the Department of Labor (DOL) age discrimination regulations?
- § 35.2 To what programs or activities do these regulations apply?
- § 35.3 What definitions apply to these regulations?
- Subpart B Standards for Determining Age Discrimination
- § 35.10 Rules against age discrimination.
- § 35.11 Definitions of the terms “normal operation” and “statutory objective.”
- § 35.12 Exceptions to the rules against age discrimination: normal operation or statutory objective of any program or activity.
- § 35.13 Exceptions to the rules against age discrimination: reasonable factors other than age.
- § 35.14 Burden of proof.
- § 35.15 Remedial action.
- § 35.16 Special benefits for children and the elderly.
- § 35.17 Age distinctions in DOL regulations.
- Subpart C Duties of DOL Recipients
- § 35.20 General responsibilities.
- § 35.21 Recipient responsibility to provide notice.
- § 35.22 Information requirements.
- § 35.23 Assurances required.
- § 35.24 Designation of responsible employee.
- § 35.25 Complaint procedures.
- § 35.26 Recipient assessment of age distinctions.
- Subpart D Investigation, Conciliation, and Enforcement Procedures
- § 35.30 Compliance reviews.
- § 35.31 Complaints.
- § 35.32 Mediation.
- § 35.33 Investigations.
- § 35.34 Effect of agreements on enforcement effort.
- § 35.35 Prohibition against intimidation or retaliation.
- § 35.36 Enforcement.
- § 35.37 Hearings, decisions, and post-termination proceedings.
- § 35.38 Procedure for disbursal of funds to an alternate recipient.
- § 35.39 Remedial action by recipient.
- § 35.40 Exhaustion of administrative remedies.
- Appendix A to Part 35 Age Distinctions in Statutes Affecting Financial Assistance Administered by DOL
- PART 36 NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE
- Subpart A Introduction
- § 36.100 Purpose and effective date.
- § 36.105 Definitions.
- § 36.110 Remedial and affirmative action and self-evaluation.
- § 36.115 Assurance required.
- § 36.120 Transfers of property.
- § 36.125 Effect of other requirements.
- § 36.130 Effect of employment opportunities.
- § 36.135 Designation of responsible employee and adoption of grievance procedures.
- § 36.140 Dissemination of policy.
- Subpart B Coverage
- § 36.200 Application.
- § 36.205 Educational institutions and other entities controlled by religious organizations.
- § 36.210 Military and merchant marine educational institutions.
- § 36.215 Membership practices of certain organizations.
- § 36.220 Admissions.
- § 36.225 Educational institutions eligible to submit transition plans.
- § 36.230 Transition plans.
- § 36.235 Statutory amendments.
- Subpart C Discrimination on the Basis of Sex in Admission and Recruitment Prohibited
- § 36.300 Admission.
- § 36.305 Preference in admission.
- § 36.310 Recruitment.
- Subpart D Discrimination on the Basis of Sex in Education Programs or Activities Prohibited
- § 36.400 Education programs or activities.
- § 36.405 Housing.
- § 36.410 Comparable facilities.
- § 36.415 Access to course offerings.
- § 36.420 Access to schools operated by LEAs.
- § 36.425 Counseling and use of appraisal and counseling materials.
- § 36.430 Financial assistance.
- § 36.435 Employment assistance to students.
- § 36.440 Health and insurance benefits and services.
- § 36.445 Marital or parental status.
- § 36.450 Athletics.
- § 36.455 Textbooks and curricular material.
- Subpart E Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited
- § 36.500 Employment.
- § 36.505 Employment criteria.
- § 36.510 Recruitment.
- § 36.515 Compensation.
- § 36.520 Job classification and structure.
- § 36.525 Fringe benefits.
- § 36.530 Marital or parental status.
- § 36.535 Effect of state or local law or other requirements.
- § 36.540 Advertising.
- § 36.545 Pre-employment inquiries.
- § 36.550 Sex as a bona fide occupational qualification.
- Subpart F Procedures
- § 36.600 Notice of covered programs.
- § 36.605 Enforcement procedures.
- § 36.610 [Reserved]
- 37 PART 37 [RESERVED]
- PART 38 IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT
- Subpart A General Provisions
- § 38.1 Purpose.
- § 38.2 Applicability.
- § 38.3 Effect on other obligations.
- § 38.4 Definitions.
- § 38.5 General prohibitions on discrimination.
- § 38.6 Specific discriminatory actions prohibited on bases other than disability.
- § 38.7 Discrimination prohibited based on sex.
- § 38.8 Discrimination prohibited based on pregnancy.
- § 38.9 Discrimination prohibited based on national origin, including limited English proficiency.
- § 38.10 Harassment prohibited.
- § 38.11 Discrimination prohibited based on citizenship status.
- § 38.12 Discrimination prohibited based on disability.
- § 38.13 Accessibility requirements.
- § 38.14 Reasonable accommodations and reasonable modifications for individuals with disabilities.
- § 38.15 Communications with individuals with disabilities.
- § 38.16 Service animals.
- § 38.17 Mobility aids and devices.
- § 38.18 Employment practices covered.
- § 38.19 Intimidation and retaliation prohibited.
- § 38.20 Administration of this part.
- § 38.21 Interpretation of this part.
- § 38.22 Delegation of administration and interpretation of this part.
- § 38.23 Coordination with other agencies.
- § 38.24 Effect on other laws and policies.
- Subpart B Recordkeeping and Other Affirmative Obligations of Recipients
- 73 Assurances
- § 38.25 A grant applicant's obligation to provide a written assurance.
- § 38.26 Duration and scope of the assurance.
- § 38.27 Covenants.
- 74 Equal Opportunity Officers
- § 38.28 Designation of Equal Opportunity Officers.
- § 38.29 Recipients' obligations regarding Equal Opportunity Officers.
- § 38.30 Requisite skill and authority of Equal Opportunity Officer.
- § 38.31 Equal Opportunity Officer responsibilities.
- § 38.32 Small recipient Equal Opportunity Officer obligations.
- § 38.33 Service provider Equal Opportunity Officer obligations.
- 75 Notice and Communication
- § 38.34 Recipients' obligations to disseminate equal opportunity notice.
- § 38.35 Equal opportunity notice/poster.
- § 38.36 Recipients' obligations to publish equal opportunity notice.
- § 38.37 Notice requirement for service providers.
- § 38.38 Publications, broadcasts, and other communications.
- § 38.39 Communication of notice in orientations.
- § 38.40 [Reserved]
- 76 Data and Information Collection Maintenance
- § 38.41 Collection and maintenance of equal opportunity data and other information.
- § 38.42 Information to be provided to the Civil Rights Center (CRC) by grant applicants and recipients.
- § 38.43 Required maintenance of records by recipients.
- § 38.44 CRC access to information and information sources.
- § 38.45 Confidentiality responsibilities of grant applicants, recipients, and the Department.
- Subpart C Governor's Responsibilities to Implement the Nondiscrimination and Equal Opportunity Requirements of the Workforce Innovation and Opportunity Act (WIOA)
- § 38.50 Subpart application to State Programs.
- § 38.51 Governor's oversight and monitoring responsibilities for State Programs.
- § 38.52 Governor's liability for actions of recipients the Governor has financially assisted under Title I of WIOA.
- § 38.53 Governor's oversight responsibilities regarding recipients' recordkeeping.
- § 38.54 Governor's obligations to develop and implement a Nondiscrimination Plan.
- § 38.55 Schedule of the Governor's obligations regarding the Nondiscrimination Plan.
- Subpart D Compliance Procedures
- § 38.60 Evaluation of compliance.
- § 38.61 Authority to issue subpoenas.
- 77 Compliance Reviews
- § 38.62 Authority and procedures for pre-approval compliance reviews.
- § 38.63 Authority and procedures for conducting post-approval compliance reviews.
- § 38.64 Procedures for concluding post-approval compliance reviews.
- § 38.65 Authority to monitor the activities of a Governor.
- § 38.66 Notice to Show Cause issued to a recipient.
- § 38.67 Methods by which a recipient may show cause why enforcement proceedings should not be instituted.
- § 38.68 Failing to show cause.
- 78 Complaint Processing Procedures
- § 38.69 Complaint filing.
- § 38.70 Required contents of complaint.
- § 38.71 Right to representation.
- § 38.72 Required elements of a recipient's complaint processing procedures.
- § 38.73 Responsibility for developing and publishing complaint processing procedures for service providers.
- § 38.74 Recipient's obligations when it determines that it has no jurisdiction over a complaint.
- § 38.75 If the complainant is dissatisfied after receiving a Notice of Final Action.
- § 38.76 If a recipient fails to issue a Notice of Final Action within 90 days after the complaint was filed.
- § 38.77 Extension of deadline to file complaint.
- § 38.78 Determinations regarding acceptance of complaints.
- § 38.79 When a complaint contains insufficient information.
- § 38.80 Lack of jurisdiction.
- § 38.81 Complaint referral.
- § 38.82 Notice that complaint will not be accepted.
- § 38.83 Notice of complaint acceptance.
- § 38.84 Contacting CRC about a complaint.
- § 38.85 Alternative dispute resolution.
- 79 Complaint Determinations
- § 38.86 Notice at conclusion of complaint investigation.
- § 38.87 Director's Initial Determination that reasonable cause exists to believe that a violation has taken place.
- § 38.88 Director's Final Determination that no reasonable cause exists to believe that a violation has taken place.
- § 38.89 When the recipient fails or refuses to take the corrective action listed in the Initial Determination.
- § 38.90 Corrective or remedial action that may be imposed when the Director finds a violation.
- § 38.91 Post-violation procedures.
- § 38.92 Written assurance.
- § 38.93 Required elements of a conciliation agreement.
- § 38.94 When voluntary compliance cannot be secured.
- § 38.95 Enforcement when voluntary compliance cannot be secured.
- § 38.96 Contents of a Final Determination of a violation.
- § 38.97 Notification of finding of noncompliance.
- 80 Breaches of Conciliation Agreements
- § 38.98 Notification of Breach of Conciliation Agreement.
- § 38.99 Contents of Notification of Breach of Conciliation Agreement.
- § 38.100 Notification of an enforcement action based on breach of conciliation agreement.
- Subpart E Federal Procedures for Effecting Compliance
- § 38.110 Enforcement procedures.
- § 38.111 Hearing procedures.
- § 38.112 Initial and final decision procedures.
- § 38.113 Suspension, termination, withholding, denial, or discontinuation of financial assistance.
- § 38.114 Distribution of WIOA Title I financial assistance to an alternate recipient.
- § 38.115 Post-termination proceedings.
- 42 PART 42 [RESERVED]
- PART 44 PROCESS FOR ELECTING STATE AGENCY EMPLOYMENT STATISTICS REPRESENTATIVES FOR CONSULTATIONS WITH DEPARTMENT OF LABOR
- § 44.1 Purpose and scope.
- § 44.2 Election cycle and tenure of representatives.
- § 44.3 Election process.
- PART 70 PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS
- Subpart A General
- § 70.1 General provisions.
- § 70.2 Definitions.
- § 70.3 Presumption of openness.
- § 70.4 Proactive disclosure of Departmental records.
- § 70.5 Compilation of new records.
- § 70.6 Disclosure of originals.
- §§ 70.7-70.18 [Reserved]
- Subpart B Procedures for Disclosure of Records Under the Freedom of Information Act
- § 70.19 Requirements for making a request.
- § 70.20 Responsibility for responding to requests.
- § 70.21 Responses to requests.
- § 70.22 Appeals from denial of requests.
- § 70.23 Action on appeals.
- § 70.24 Form and content of action on appeals.
- § 70.25 Time limits and order in which requests and appeals must be processed.
- § 70.26 Confidential commercial information.
- § 70.27 Preservation of records.
- §§ 70.28-70.37 [Reserved]
- Subpart C Costs for Production of Records
- § 70.38 Definitions related to costs.
- § 70.39 Statutes specifically providing for setting of fees.
- § 70.40 Charges assessed for the production of records.
- § 70.41 Waiver or reduction of fees.
- § 70.42 Consent to pay fees.
- § 70.43 Payment of fees.
- § 70.44 Other rights and services.
- §§ 70.45-70.52 [Reserved]
- Subpart D Public Records and Filings
- § 70.53 Office of Labor-Management Standards.
- § 70.54 Employee Benefits Security Administration.
- Appendix A to Part 70 FOIA Components
- PART 71 PROTECTION OF INDIVIDUAL PRIVACY AND ACCESS TO RECORDS UNDER THE PRIVACY ACT OF 1974
- Subpart A General
- § 71.1 General provisions.
- § 71.2 Requests for access to records.
- § 71.3 Responses by components to requests for access to records.
- § 71.4 Form and content of component responses.
- § 71.5 Access to records.
- § 71.6 Fees for access to records.
- § 71.7 Appeals from denials of access.
- § 71.8 Preservation of records.
- § 71.9 Request for correction or amendment of records.
- § 71.10 Certain records not subject to correction.
- § 71.11 Emergency disclosures.
- § 71.12 Use and collection of social security numbers.
- § 71.13 Employee standards of conduct.
- § 71.14 Use of nonpublic information.
- § 71.15 Training.
- Subpart B Exemption of Records Systems Under the Privacy Act
- § 71.50 General exemptions pursuant to subsection (j) of the Privacy Act.
- § 71.51 Specific exemptions pursuant to subsection (k)(2) of the Privacy Act.
- § 71.52 Specific exemptions pursuant to subsection (k)(5) of the Privacy Act.
- Appendix A to Part 71 Responsible Officials
- PART 75 DEPARTMENT OF LABOR REVIEW AND CERTIFICATION PROCEDURES FOR RURAL INDUSTRIALIZATION LOAN AND GRANT PROGRAMS UNDER THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT OF 1972
- § 75.1 Introduction.
- § 75.11 Standards for the review of applications.
- 90 PART 90 [RESERVED]
- PART 93 NEW RESTRICTIONS ON LOBBYING
- Subpart A General
- § 93.100 Conditions on use of funds.
- § 93.105 Definitions.
- § 93.110 Certification and disclosure.
- Subpart B Activities by Own Employees
- § 93.200 Agency and legislative liaison.
- § 93.205 Professional and technical services.
- § 93.210 Reporting.
- Subpart C Activities by Other Than Own Employees
- § 93.300 Professional and technical services.
- Subpart D Penalties and Enforcement
- § 93.400 Penalties.
- § 93.405 Penalty procedures.
- § 93.410 Enforcement.
- Subpart E Exemptions
- § 93.500 Secretary of Defense.
- Subpart F Agency Reports
- § 93.600 Semi-annual compilation.
- § 93.605 Inspector General Report.
- Appendix A to Part 93 Certification Regarding Lobbying
- PART 94 GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
- Subpart A Purpose and Coverage
- § 94.100 What does this part do?
- § 94.105 Does this part apply to me?
- § 94.110 Are any of my Federal assistance awards exempt from this part?
- § 94.115 Does this part affect the Federal contracts that I receive?
- Subpart B Requirements for Recipients Other Than Individuals
- § 94.200 What must I do to comply with this part?
- § 94.205 What must I include in my drug-free workplace statement?
- § 94.210 To whom must I distribute my drug-free workplace statement?
- § 94.215 What must I include in my drug-free awareness program?
- § 94.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program?
- § 94.225 What actions must I take concerning employees who are convicted of drug violations in the workplace?
- § 94.230 How and when must I identify workplaces?
- Subpart C Requirements for Recipients Who Are Individuals
- § 94.300 What must I do to comply with this part if I am an individual recipient?
- § 94.301 [Reserved]
- Subpart D Responsibilities of Department of Labor Awarding Officials
- § 94.400 What are my responsibilities as a(n) Department of Labor awarding official?
- Subpart E Violations of this Part and Consequences
- § 94.500 How are violations of this part determined for recipients other than individuals?
- § 94.505 How are violations of this part determined for recipients who are individuals?
- § 94.510 What actions will the Federal Government take against a recipient determined to have violated this part?
- § 94.515 Are there any exceptions to those actions?
- Subpart F Definitions
- § 94.605 Award.
- § 94.610 Controlled substance.
- § 94.615 Conviction.
- § 94.620 Cooperative agreement.
- § 94.625 Criminal drug statute.
- § 94.630 Debarment.
- § 94.635 Drug-free workplace.
- § 94.640 Employee.
- § 94.645 Federal agency or agency.
- § 94.650 Grant.
- § 94.655 Individual.
- § 94.660 Recipient.
- § 94.665 State.
- § 94.670 Suspension.
- 95-99 PARTS 95-99 [RESERVED]
- Subtitle B Regulations Relating to Labor
- CHAPTER I NATIONAL LABOR RELATIONS BOARD
- PART 100 ADMINISTRATIVE REGULATIONS
- Subpart A Employee Responsibilities and Conduct
- § 100.101 Cross-reference to financial disclosure requirements and other conduct rules.
- Subpart B Cooperation in Audits and Investigations
- § 100.201 Audits and investigations.
- Subpart C Employee Personal Property Loss Claims [Reserved]
- Subpart D Claims Under the Federal Tort Claims Act
- § 100.401 Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury or death.
- Subpart E Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Labor Relations Board
- § 100.501 Purpose.
- § 100.502 Application.
- § 100.503 Definitions.
- §§ 100.504-100.509 [Reserved]
- § 100.510 Self-evaluation.
- § 100.511 Notice.
- §§ 100.512-100.529 [Reserved]
- § 100.530 General prohibitions against discrimination.
- §§ 100.531-100.539 [Reserved]
- § 100.540 Employment.
- §§ 100.541-100.548 [Reserved]
- § 100.549 Program accessibility: Discrimination prohibited.
- § 100.550 Program accessibility: Existing facilities.
- § 100.551 Program accessibility: New construction and alterations.
- §§ 100.552-100.559 [Reserved]
- § 100.560 Communications.
- §§ 100.561-100.569 [Reserved]
- § 100.570 Compliance procedures.
- §§ 100.571-100.599 [Reserved]
- Subpart F Debt Collection Procedures
- § 100.601 Purpose and scope.
- § 100.602 Definitions.
- § 100.603 Debts that are covered.
- § 100.604 Monetary limitations on NLRB's authority.
- § 100.605 Information collection requirements: OMB approval.
- § 100.606 No private rights created.
- § 100.607 Form of payment.
- § 100.608 Subdivision of claims or debts.
- § 100.609 Administrative collection of claims.
- § 100.610 Written demand for payment.
- § 100.611 Reporting claims or debts.
- § 100.612 Disputed claims or debts.
- § 100.613 Contracting for collection services.
- § 100.614 Collection by administrative offset.
- § 100.615 Authorities other than offset.
- § 100.616 Payment collection.
- § 100.617 Interest, penalties, and administrative costs.
- § 100.618 Bankruptcy claims.
- § 100.619 When a debt may be compromised.
- § 100.620 Finality of a compromise.
- § 100.621 When collection action may be terminated or suspended.
- § 100.622 Termination of collection action.
- § 100.623 Exception to termination.
- § 100.624 Discharge of indebtedness; reporting requirements.
- § 100.625 Referral of a claim to the Department of Justice.
- PART 101 STATEMENTS OF PROCEDURES
- Subpart A General Statement
- § 101.1 General statement.
- Subpart B Unfair Labor Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases
- § 101.2 Initiation of unfair labor practice cases.
- § 101.3 [Reserved]
- § 101.4 Investigation of charges.
- § 101.5 Withdrawal of charges.
- § 101.6 Dismissal of charges and appeals to the General Counsel.
- § 101.7 Settlements.
- § 101.8 Complaints.
- § 101.9 Settlement after issuance of complaint.
- § 101.10 Hearings.
- § 101.11 Administrative law judge's decision.
- § 101.12 Board decision and order.
- § 101.13 Compliance with Board decision and order.
- § 101.14 Judicial review of Board decision and order.
- § 101.15 Compliance with court judgment.
- § 101.16 Backpay proceedings.
- C Subpart C [Reserved]
- Subpart D Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act
- § 101.22 Initiation and investigation of a case under section 8(b)(7).
- § 101.23 Initiation and investigation of a petition in connection with a case under section 8(b)(7).
- § 101.24 Final disposition of a charge which has been held pending investigation of the petition.
- § 101.25 Appeal from the dismissal of a petition, or from the refusal to process it under the expedited procedure.
- Subpart E Referendum Cases Under Section 9(e) (1) and (2) of the Act
- § 101.26 Initiation of rescission of authority cases.
- § 101.27 Investigation of petition; withdrawals and dismissals.
- § 101.28 Consent agreements providing for election.
- § 101.29 Procedure respecting election conducted without hearing.
- § 101.30 Formal hearing and procedure respecting election conducted after hearing.
- Subpart F Jurisdictional Dispute Cases Under Section 10(k) of the Act
- § 101.31 Initiation of proceedings to hear and determine jurisdictional disputes under section 10(k).
- § 101.32 Investigation of charges; withdrawal of charges; dismissal of charges and appeals to Board.
- § 101.33 Initiation of formal action; settlement.
- § 101.34 Hearing.
- § 101.35 Procedure before the Board.
- § 101.36 Compliance with determination; further proceedings.
- Subpart G Procedure Under Section 10 (j) and (l) of the Act
- § 101.37 Application for temporary relief or restraining orders.
- § 101.38 Change of circumstances.
- Subpart H Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction
- § 101.39 Initiation of advisory opinion case.
- § 101.40 Proceedings following the filing of the petition.
- § 101.41 Informal procedures for obtaining opinions on jurisdictional questions.
- § 101.42 Procedures for obtaining declaratory orders of the Board.
- § 101.43 Proceedings following the filing of the petition.
- PART 102 RULES AND REGULATIONS, SERIES 8
- Subpart A Definitions
- § 102.1 Terms defined in Section 2 of the Act.
- Subpart B Service and Filings
- § 102.2 Time requirements for filings with the Agency.
- § 102.3 Date of service.
- § 102.4 Methods of service of process and papers by the Agency; proof of service.
- § 102.5 Filing and service of papers by parties: Form of papers; manner and proof of filing or service.
- § 102.6 Notice to the Administrative Law Judge or Board of supplemental authority.
- § 102.7 Signature on documents E-Filed with the Agency.
- § 102.8 [Reserved]
- Subpart C Procedure Under Section 10(A) to (I) of the Act for the Prevention of Unfair Labor Practices
- § 102.9 Who may file; withdrawal and dismissal.
- § 102.10 Where to file.
- § 102.11 Signature; sworn; declaration.
- § 102.12 Contents.
- § 102.13 [Reserved]
- § 102.14 Service of charge.
- § 102.15 When and by whom issued; contents; service.
- § 102.16 Hearing; change of date or place.
- § 102.17 Amendment.
- § 102.18 Withdrawal.
- § 102.19 Appeal to the General Counsel from refusal to issue or reissue.
- § 102.20 Answer to complaint; time for filing; contents; allegations not denied deemed admitted.
- § 102.21 Where to file; service upon the parties; form.
- § 102.22 Extension of time for filing.
- § 102.23 Amendment.
- § 102.24 Motions; where to file; contents; service on other parties; promptness in filing and response; default judgment procedures; summary judgment procedures.
- § 102.25 Ruling on motions.
- § 102.26 Motions; rulings and orders part of the record; rulings not to be appealed directly to the Board without special permission; requests for special permission to appeal.
- § 102.27 Review of granting of motion to dismiss entire complaint; reopening of the record.
- § 102.28 Filing of answer or other participation in proceedings not a waiver of rights.
- § 102.29 Intervention; requisites; rulings on motions to intervene.
- § 102.30 Depositions; examination of witnesses.
- § 102.31 Issuance of subpoenas; petitions to revoke subpoenas; rulings on claim of privilege against self-incrimination; subpoena enforcement proceedings; right to inspect or copy data.
- § 102.32 Payment of witness fees and mileage; fees of officer who transcribes deposition or video testimony.
- § 102.33 Transfer of charge and proceeding from Region to Region; consolidation of proceedings in same Region; severance.
- § 102.34 Who will conduct hearing; public unless otherwise ordered.
- § 102.35 Duties and powers of Administrative Law Judges; stipulations of cases to Administrative Law Judges or to the Board; assignment and powers of settlement judges.
- § 102.36 Disqualification and unavailability of Administrative Law Judges.
- § 102.37 [Reserved]
- § 102.38 Rights of parties.
- § 102.39 Rules of evidence controlling so far as practicable.
- § 102.40 Stipulations of fact admissible.
- § 102.41 Objection to conduct of hearing; how made; objections not waived by further participation.
- § 102.42 Filings of briefs and proposed findings with the Administrative Law Judge and oral argument at the hearing.
- § 102.43 Continuance and adjournment.
- § 102.44 [Reserved]
- § 102.45 Administrative Law Judge's decision; contents of record; alternative dispute resolution program.
- § 102.46 Exceptions and brief in support; answering briefs to exceptions; cross-exceptions and brief in support; answering briefs to cross-exceptions; reply briefs; failure to except; oral argument; filing requirements; amicus curiae briefs.
- § 102.47 Filing of motion after transfer of case to Board.
- § 102.48 No exceptions filed; exceptions filed; motions for reconsideration, rehearing, or reopening the record.
- § 102.49 Modification or setting aside of Board order before record filed in court; action thereafter.
- § 102.50 Hearings before the Board or a Board Member.
- § 102.51 Settlement or adjustment of issues.
- § 102.52 Compliance with Board order; notification of compliance determination.
- § 102.53 Appeal of compliance determination to the General Counsel; General Counsel's action; request for review by the Board; Board action; opposition to appeal or request for review.
- § 102.54 Issuance of compliance specification; consolidation of complaint and compliance specification.
- § 102.55 Contents of compliance specification.
- § 102.56 Answer to compliance specification.
- § 102.57 Extension of date of hearing.
- § 102.58 Withdrawal of compliance specification.
- § 102.59 Hearing and posthearing procedures.
- Subpart D Procedure Under Section 9(c) of the Act for the Determination of Questions Concerning Representation of Employees 2 and for Clarification of Bargaining Units and for Amendment of Certifications Under Section 9(b) of the Act
- § 102.60 Petitions.
- § 102.61 Contents of petition for certification; contents of petition for decertification; contents of petition for clarification of bargaining unit; contents of petition for amendment of certification.
- § 102.62 Election agreements; voter list; Notice of Election.
- § 102.63 Investigation of petition by Regional Director; Notice of Hearing; service of notice; Notice of Petition for Election; Statement of Position; withdrawal of Notice of Hearing.
- § 102.64 Conduct of hearing.
- § 102.65 Motions; intervention; appeals of Hearing Officer's rulings.
- § 102.66 Introduction of evidence: rights of parties at hearing; preclusion; subpoenas; oral argument and briefs.
- § 102.67 Proceedings before the Regional Director; further hearing; action by the Regional Director; appeals from actions of the Regional Director; statement in opposition; requests for extraordinary relief; Notice of Election; voter list.
- § 102.68 Record in pre-election proceeding; what constitutes; transmission to Board.
- § 102.69 Election procedure; tally of ballots; objections; certification by the Regional Director; hearings; Hearing Officer reports on objections and challenges; exceptions to Hearing Officer reports; Regional Director decisions on objections and challenges.
- § 102.70 Runoff election.
- § 102.71 Dismissal of petition; refusal to proceed with petition; requests for review by the Board of action of the Regional Director.
- § 102.72 Filing petition with general counsel: investigation upon motion of general counsel; transfer of petition and proceeding from region to general counsel or to another region; consolidation of proceedings in same region; severance; procedure before general counsel in cases over which the general counsel has assumed jurisdiction.
- Subpart E Procedure for Unfair Labor Practice and Representation Cases Under Sections 8(b)(7) and 9(c) of the Act
- § 102.73 Initiation of proceedings.
- § 102.74 Complaint and formal proceedings.
- § 102.75 Suspension of proceedings on the charge where timely petition is filed.
- § 102.76 Petition; who may file; where to file; contents.
- § 102.77 Investigation of petition by Regional Director; directed election.
- § 102.78 Election procedure; method of conducting balloting; postballoting procedure.
- § 102.79 Consent-election agreements.
- § 102.80 Dismissal of petition; refusal to process petition under expedited procedure.
- § 102.81 Review by the general counsel of refusal to proceed on charge; resumption of proceedings upon charge held during pendency of petition; review by the general counsel of refusal to proceed on related charge.
- § 102.82 Transfer, consolidation, and severance.
- Subpart F Procedure for Referendum Under Section 9(e) of the Act
- § 102.83 Petition for referendum under Section 9(e)(1) of the Act; who may file; where to file; withdrawal.
- § 102.84 Contents of petition to rescind authority.
- § 102.85 Investigation of petition by Regional Director; consent referendum; directed referendum.
- § 102.86 Hearing; posthearing procedure.
- § 102.87 Method of conducting balloting; postballoting procedure.
- § 102.88 Refusal to conduct referendum; appeal to Board.
- Subpart G Procedure to Hear and Determine Disputes Under Section 10(k) of the Act
- § 102.89 Initiation of proceedings.
- § 102.90 Notice of hearing; hearing; proceedings before the Board; briefs; determination of dispute.
- § 102.91 Compliance with determination; further proceedings.
- § 102.92 Review of determination.
- § 102.93 Alternative procedure.
- Subpart H Procedure in Cases Under Section 10(j), (l), and (m) of the Act
- § 102.94 Expeditious processing of Section 10(j) cases.
- § 102.95 Priority of cases pursuant to Section 10(l) and (m) of the Act.
- § 102.96 Issuance of complaint promptly.
- § 102.97 Expeditious processing of Section 10(l) and (m) cases in successive stages.
- Subpart I Advisory Opinions and Declaratory Orders Regarding Board Jurisdiction
- § 102.98 Petition for advisory opinion; who may file; where to file.
- § 102.99 Contents of petition for advisory opinion.
- § 102.100 Notice of petition; service of petition.
- § 102.101 Response to petition; service of response.
- § 102.104 Withdrawal of petition.
- § 102.105 Petitions for declaratory orders; who may file; where to file; withdrawal.
- § 102.106 Contents of petition for declaratory order.
- § 102.107 Notice of petition; service of petition.
- § 102.108 Response to petition; service of response.
- § 102.109 Intervention.
- § 102.110 Proceedings before the Board; briefs; declaratory orders.
- §§ 102.111-102.114 [Reserved]
- Subpart J Certification and Signature of Documents
- § 102.115 Certification of Board papers and documents.
- § 102.116 Signature on Board orders.
- Subpart K Records and Information
- § 102.117 Freedom of Information Act Regulations: Agency materials including formal documents available pursuant to the Freedom of Information Act; requests for described records; time limit for response; appeal from denial of request; fees for document search, duplication, and review; files and records not subject to inspection.
- § 102.118 Present and former Board employees prohibited from producing documents and testifying; production of witnesses' statements after direct testimony.
- § 102.119 Privacy Act Regulations: Notification as to whether a system of records contains records pertaining to requesting individuals; requests for access to records, amendment of such records, or accounting of disclosures; time limits for response; appeal from denial of requests; fees for document duplication; files and records exempted from certain Privacy Act requirements.
- Subpart L Post-Employment Restrictions on Activities by Former Officers and Employees
- § 102.120 Post-employment restrictions on activities by former officers and employees.
- Subpart M Construction of Rules
- § 102.121 Rules to be liberally construed.
- §§ 102.122-102.123 [Reserved]
- § 102.124 Petitions for issuance, amendment, or repeal of rules.
- § 102.125 Action on petition.
- N Subpart N [Reserved]
- Subpart O Amendments
- Subpart P Ex Parte Communications
- § 102.126 Unauthorized communications.
- § 102.127 Definitions.
- § 102.128 Types of on-the-record proceedings; categories of Board agents; duration of prohibition.
- § 102.129 Communications prohibited.
- § 102.130 Communications not prohibited.
- § 102.131 Solicitation of prohibited communications.
- § 102.132 Reporting of prohibited communications; penalties.
- § 102.133 Penalties and enforcement.
- § 102.134 [Reserved]
- Subpart Q Procedure Governing Matters Affecting Employment-Management Agreements Under the Postal Reorganization Act
- § 102.135 Postal Reorganization Act.
- Subpart R Advisory Committees
- § 102.136 Establishment and use of advisory committees.
- Subpart S Open Meetings
- § 102.137 Public observation of Board meetings.
- § 102.138 Definition of meeting.
- § 102.139 Closing of meetings; reasons.
- § 102.140 Action necessary to close meeting; record of votes.
- § 102.141 Notice of meetings; public announcement and publication.
- § 102.142 Transcripts, recordings, or minutes of closed meetings; public availability; retention.
- Subpart T Awards of Fees and Other Expenses
- § 102.143 “Adversary adjudication” defined; entitlement to award; eligibility for award.
- § 102.144 Standards for awards.
- § 102.145 Allowable fees and expenses.
- § 102.146 Rulemaking on maximum rates for attorney or agent fees.
- § 102.147 Contents of application; net worth exhibit; documentation of fees and expenses.
- § 102.148 When an application may be filed; place of filing; service; referral to Administrative Law Judge; stay of proceeding.
- § 102.149 Filing of documents; service of documents; motions for extension of time.
- § 102.150 Answer to application; reply to answer; comments by other parties.
- § 102.151 Settlement.
- § 102.152 Further proceedings.
- § 102.153 Administrative Law Judge's decision; contents; service; transfer of case to the Board; contents of record in case.
- § 102.154 Exceptions to Administrative Law Judge's decision; briefs; action of the Board.
- § 102.155 Payment of award.
- Subpart U Debt-Collection Procedures by Administrative Offset
- § 102.156 Administrative offset; purpose and scope.
- § 102.157 Definitions.
- § 102.158 Agency requests for administrative offsets and cooperation with other Federal agencies.
- § 102.159 Exclusions.
- § 102.160 Agency responsibilities.
- § 102.161 Notification.
- § 102.162 Examination and copying of records related to the claim; opportunity for full explanation of the claim.
- § 102.163 Opportunity for repayment.
- § 102.164 Review of the obligation.
- § 102.165 Cost shifting.
- § 102.166 Additional administrative collection action.
- § 102.167 Prior provision of rights with respect to debt.
- Subpart V Debt Collection Procedures By Federal Income Tax Refund Offset
- § 102.168 Federal income tax refund offset; purpose and scope.
- § 102.169 Definitions.
- § 102.170 Agency referral to IRS for tax referral effect; Agency responsibilities.
- § 102.171 Cost shifting.
- § 102.172 Minimum referral amount.
- § 102.173 Relation to other collection efforts.
- § 102.174 Debtor notification.
- § 102.175 Agency review of the obligation.
- § 102.176 [Reserved]
- Subpart W Misconduct by Attorneys or Party Representatives
- § 102.177 Exclusion from hearings; refusal of witness to answer questions; misconduct by attorneys and party representatives before the Agency; procedures for processing misconduct allegations.
- Subpart X Special Procedures When the Board Lacks a Quorum
- § 102.178 Normal operations should continue.
- § 102.179 Motions for default judgment, summary judgment, or dismissal referred to Chief Administrative Law Judge.
- § 102.180 Requests for special permission to appeal referred to Chief Administrative Law Judge.
- § 102.181 Administrative and procedural requests referred to Executive Secretary.
- § 102.182 Representation cases should be processed to certification.
- PART 103 OTHER RULES
- Subpart A Jurisdictional Standards
- § 103.1 Colleges and universities.
- § 103.2 Symphony orchestras.
- § 103.3 Horseracing and dogracing industries.
- Subpart B Election Procedures
- § 103.20 Election procedures and blocking charges.
- § 103.21 Processing of petitions filed after voluntary recognition.
- Subpart C Appropriate Bargaining Units
- § 103.30 Appropriate bargaining units in the health care industry.
- D Subpart D [Reserved]
- Subpart E Joint Employers
- § 103.40 Joint employers.
- Subpart F Remedial Orders
- § 103.100 Offers of reinstatement to employees in Armed Forces.
- PART 104 XXX
- 105-199 PARTS 105-199 [RESERVED]
- CHAPTER II OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
- 200-214 PARTS 200-214 [RESERVED]
- PART 215 GUIDELINES, SECTION 5333(b), FEDERAL TRANSIT LAW
- § 215.1 Purpose.
- § 215.2 General.
- § 215.3 Employees represented by a labor organization.
- § 215.4 Employees not represented by a labor organization.
- § 215.5 Processing of amendments.
- § 215.6 The Model Agreement.
- § 215.7 The Special Warranty.
- § 215.8 Department of Labor contact.
- 216-299 PARTS 216-299 [RESERVED]
- CHAPTER III NATIONAL RAILROAD ADJUSTMENT BOARD
- 300 PART 300 [RESERVED]
- PART 301 RULES OF PROCEDURE
- § 301.1 General duties.
- § 301.2 Classes of disputes.
- § 301.3 Organization.
- § 301.4 Jurisdiction.
- § 301.5 Form of submission.
- § 301.6 General.
- § 301.7 Hearings.
- § 301.8 Appearances.
- § 301.9 Awards.
- 302-399 PARTS 302-399 [RESERVED]
- CHAPTER IV OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
- SUBCHAPTER A LABOR-MANAGEMENT STANDARDS
- 400 PART 400 [RESERVED]
- PART 401 MEANING OF TERMS USED IN THIS SUBCHAPTER
- § 401.1 Commerce.
- § 401.2 State.
- § 401.3 Industry affecting commerce.
- § 401.4 Person.
- § 401.5 Employer.
- § 401.6 Employee.
- § 401.7 Labor dispute.
- § 401.8 Trusteeship.
- § 401.9 Labor organization.
- § 401.10 Labor organization engaged in an industry affecting commerce.
- § 401.11 Secret ballot.
- § 401.12 Trust in which a labor organization is interested.
- § 401.13 Labor relations consultant.
- § 401.14 Officer.
- § 401.15 Member or member in good standing.
- § 401.16 Secretary.
- § 401.17 Act.
- § 401.18 Office.
- § 401.19 Director.
- PART 402 LABOR ORGANIZATION INFORMATION REPORTS
- § 402.1 Labor organization constitution and bylaws.
- § 402.2 Labor organization initial information report.
- § 402.3 Filing of initial reports.
- § 402.4 Subsequent reports.
- § 402.5 Terminal reports.
- § 402.6 Receipt of reports and documents.
- § 402.7 Effect of acknowledgment and filing by the Office of Labor-Management Standards.
- § 402.8 Personal responsibility of signatories of reports.
- § 402.9 Maintenance and retention of records.
- § 402.10 Dissemination and verification of reports.
- § 402.11 Attorney-client communications exempted.
- § 402.12 Publication of reports required by this part.
- § 402.13 OMB control number.
- PART 403 LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS
- § 403.1 Fiscal year for reports required by this part.
- § 403.2 Annual financial report.
- § 403.3 Form of annual financial report—detailed report.
- § 403.4 Simplified annual reports for smaller labor organizations.
- § 403.5 Terminal financial report.
- § 403.6 Personal responsibility of signatories of reports.
- § 403.7 Maintenance and retention of records.
- § 403.8 Dissemination and verification of reports.
- § 403.9 Attorney-client communications exempted.
- § 403.10 Publication of reports required by this part.
- § 403.11 OMB control number.
- PART 404 LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
- § 404.1 Definitions.
- § 404.2 Annual report.
- § 404.3 Form of annual report.
- § 404.4 [Reserved]
- § 404.5 Attorney-client communications exempted.
- § 404.6 Personal responsibility of signatories of reports.
- § 404.7 Maintenance and retention of records.
- § 404.8 Publication of reports required by this part.
- § 404.9 OMB control number.
- PART 405 EMPLOYER REPORTS
- § 405.1 Definitions.
- § 405.2 Annual report.
- § 405.3 Form of annual report.
- § 405.4 Terminal report.
- § 405.5 Special reports.
- § 405.6 Exceptions from the filing requirements of § 405.2.
- § 405.7 Relation of section 8(c) of the National Labor Relations Act, as amended, to the reporting requirements of § 405.2.
- § 405.8 Personal responsibility of signatories of reports.
- § 405.9 Maintenance and retention of records.
- § 405.10 Publication of reports required by this part.
- § 405.11 OMB control number.
- PART 406 REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS
- § 406.1 Definitions.
- § 406.2 Agreement and activities report.
- § 406.3 Receipts and disbursements report.
- § 406.4 Terminal report.
- § 406.5 Persons excepted from filing reports.
- § 406.6 Relation of section 8(c) of the National Labor Relations Act to this part.
- § 406.7 Personal responsibility of signatories of reports.
- § 406.8 Maintenance and retention of records.
- § 406.9 Publication of reports required by this part.
- § 406.10 OMB control number.
- PART 408 LABOR ORGANIZATION TRUSTEESHIP REPORTS
- § 408.1 Definitions.
- § 408.2 Initial trusteeship report.
- § 408.3 Form of initial report.
- § 408.4 Semiannual trusteeship report.
- § 408.5 Annual financial report.
- § 408.6 Amendments to the Labor Organization Information Report filed by or on behalf of the subordinate labor organization.
- § 408.7 Terminal trusteeship financial report.
- § 408.8 Terminal trusteeship information report.
- § 408.9 Personal responsibility of signatories of reports.
- § 408.10 Maintenance and retention of records.
- § 408.11 Dissemination and verification of reports.
- § 408.12 Publication of reports required by this part.
- § 408.13 OMB control number.
- PART 409 REPORTS BY SURETY COMPANIES
- § 409.1 Definitions.
- § 409.2 Annual report.
- § 409.3 Time for filing annual report.
- § 409.4 Personal responsibility for filing of reports.
- § 409.5 Maintenance and retention of records.
- § 409.6 Publication of reports required by this part.
- § 409.7 OMB control number.
- PART 417 PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS
- 1 General
- § 417.1 Purpose and scope.
- § 417.2 Definitions.
- Subpart A Procedures To Determine Adequacy of Constitution and Bylaws for Removal of Officers of Local Labor Organizations
- § 417.3 Initiation of proceedings.
- § 417.4 Pre-hearing conference.
- § 417.5 Notice.
- § 417.6 Powers of Administrative Law Judge.
- § 417.7 Transcript.
- § 417.8 Appearances.
- § 417.9 Evidence; contumacious or disorderly conduct.
- § 417.10 Rights of participants.
- § 417.11 Objections to evidence.
- § 417.12 Proposed findings and conclusions.
- § 417.13 Initial decision of Administrative Law Judge.
- § 417.14 Form and time for filing of appeal with the Administrative Review Board.
- § 417.15 Decision of the Administrative Review Board.
- Subpart B Procedures Upon Failure of Union To Take Appropriate Remedial Action Following Subpart A Procedures
- § 417.16 Initiation of proceedings.
- § 417.17 Investigation of complaint and court action.
- § 417.18 Hearings—removal of officers of local labor organizations.
- § 417.19 Director's representative.
- § 417.20 Notice of hearing.
- § 417.21 Transcript.
- § 417.22 Vote among members of the labor organization.
- § 417.23 Report to the Director.
- § 417.24 Appeal to the Director.
- § 417.25 Certification of results of vote.
- PART 451 LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
- § 451.1 Introductory statement.
- § 451.2 General.
- § 451.3 Requirements of section 3(i).
- § 451.4 Labor organizations under section 3(j).
- § 451.5 “State or local central body.”
- § 451.6 Extraterritorial application.
- PART 452 GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
- Subpart A General Considerations
- § 452.1 Introductory statement.
- § 452.2 Application of union constitution and bylaws.
- § 452.3 Interpretations of constitution and bylaws.
- § 452.4 Investigatory provision—application.
- § 452.5 Effect of violation on outcome.
- § 452.6 Delegation of enforcement authority.
- Subpart B Other Provisions of the Act Affecting Title IV
- § 452.7 Bill of Rights, title I.
- § 452.8 Trusteeship provisions, title III.
- § 452.9 Prohibition against certain persons holding office; section 504.
- § 452.10 Retaliation for exercising rights.
- Subpart C Coverage of Election Provisions
- § 452.11 Organizations to which election provisions apply.
- § 452.12 Organizations comprised of government employees.
- § 452.13 Extraterritorial application.
- § 452.14 Newly formed or merged labor organizations.
- § 452.15 Effect of trusteeship.
- § 452.16 Offices which must be filled by election.
- § 452.17 Officer.
- § 452.18 Constitutional officers.
- § 452.19 Executive functions.
- § 452.20 Nature of executive functions.
- § 452.21 Members of executive board.
- § 452.22 Delegates to a convention.
- Subpart D Frequency and Kinds of Elections
- § 452.23 Frequency of elections.
- § 452.24 Terms of office.
- § 452.25 Vacancies in office.
- § 452.26 Elections in local labor organizations.
- § 452.27 National, international organizations, and intermediate bodies.
- § 452.28 Unopposed candidates.
- § 452.29 Primary elections.
- § 452.30 Run-off elections.
- § 452.31 One candidate for several offices.
- Subpart E Candidacy for Office; Reasonable Qualifications
- § 452.32 Persons who may be candidates and hold office; secret ballot elections.
- § 452.33 Persons who may be candidates and hold office; elections at conventions.
- § 452.34 Application of section 504, LMRDA.
- § 452.35 Qualifications for candidacy.
- § 452.36 Reasonableness of qualifications.
- § 452.37 Types of qualifications.
- § 452.38 Meeting attendance requirements.
- § 452.39 Participation in insurance plan.
- § 452.40 Prior office holding.
- § 452.41 Working at the trade.
- § 452.42 Membership in particular branch or segment of the union.
- § 452.43 Representative categories.
- § 452.44 Dual unionism.
- § 452.45 Multiple office holding.
- § 452.46 Characteristics of candidate.
- § 452.47 Employer or supervisor members.
- § 452.48 Employees of union.
- § 452.49 Other union rules.
- § 452.50 Disqualification as a result of disciplinary action.
- § 452.51 Declaration of candidacy.
- § 452.52 Filing fee.
- § 452.53 Application of qualifications for office.
- § 452.54 Retroactive rules.
- Subpart F Nominations for Office
- § 452.55 Statutory provisions concerning nomination.
- § 452.56 Notice.
- § 452.57 Procedures for nomination.
- § 452.58 Self-nomination.
- § 452.59 Presence of nominee.
- § 452.60 Nominations for national, international or intermediate body office.
- § 452.61 Elimination contests—local unions.
- § 452.62 Disqualification of candidates; procedural reasons.
- § 452.63 Nominations at conventions.
- § 452.64 Write-in votes.
- § 452.65 Interval between nominations and election.
- Subpart G Campaign Safeguards
- § 452.66 Statutory provisions.
- § 452.67 Distribution of campaign literature.
- § 452.68 Distribution to less than full membership.
- § 452.69 Expenses of campaign literature.
- § 452.70 Contents of literature.
- § 452.71 Inspection of membership lists.
- § 452.72 Period of inspection.
- § 452.73 Use of union funds.
- § 452.74 Expenditures permitted.
- § 452.75 Union newspapers.
- § 452.76 Campaigning by union officers.
- § 452.77 Permissible use of union funds.
- § 452.78 Expenditures by employers.
- § 452.79 Opportunity to campaign.
- § 452.80 Bona fide candidates.
- § 452.81 Rights in intermediate body elections.
- § 452.82 Reprisal for exercising rights.
- § 452.83 Enforcement of campaign safeguards.
- Subpart H Right To Vote
- § 452.84 General.
- § 452.85 Reasonable qualifications on right to vote.
- § 452.86 Vote conditioned on payment of dues.
- § 452.87 Dues paid by checkoff.
- § 452.88 Resumption of good standing.
- § 452.89 Apprentices.
- § 452.90 Visiting members.
- § 452.91 Voting by employers, supervisors.
- § 452.92 Unemployed members.
- § 452.93 Retired members.
- § 452.94 Reasonable opportunity to vote.
- § 452.95 Absentee ballots.
- Subpart I Election Procedures; Rights of Members
- § 452.96 General.
- § 452.97 Secret ballot.
- § 452.98 Outside agencies.
- § 452.99 Notice of election.
- § 452.100 Use of union newspaper as notice.
- § 452.101 Sample ballots as notice.
- § 452.102 Notice in mail ballot election.
- § 452.103 Primary elections.
- § 452.104 Proximity of notice to election.
- § 452.105 Interference or reprisal.
- § 452.106 Preservation of records.
- § 452.107 Observers.
- § 452.108 Publication of results.
- § 452.109 Constitution of labor organization.
- § 452.110 Adequate safeguards.
- § 452.111 Campaigning in polling places.
- § 452.112 Form of ballot; slate voting.
- § 452.113 Sectional balloting.
- § 452.114 Write-in votes.
- § 452.115 Distribution of ballots.
- § 452.116 Determining validity of ballots.
- § 452.117 Majority of votes not required for election.
- § 452.118 Local unions agents in international elections.
- § 452.119 Indirect elections.
- § 452.120 Officers as delegates.
- § 452.121 Limitations on national or international officers serving as delegates.
- § 452.122 Delegates from intermediate bodies; method of election.
- § 452.123 Elections of intermediate body officers.
- § 452.124 Delegates from units which are not labor organizations.
- § 452.125 Delegates from labor organizations under trusteeship.
- § 452.126 Delegates to conventions which do not elect officers.
- § 452.127 Proportionate representation.
- § 452.128 Under-strength representation.
- § 452.129 Non-discrimination.
- § 452.130 Expenses of delegates.
- § 452.131 Casting of ballots; delegate elections.
- § 452.132 Proxy voting.
- § 452.133 Election of delegates not members of the labor organization.
- § 452.134 Preservation of records.
- Subpart J Special Enforcement Provisions
- § 452.135 Complaints of members.
- § 452.136 Investigation of complaint by Office of Labor-Management Standards, court action by the Secretary.
- Subpart K Dates and Scope of Application
- § 452.137 Effective dates.
- § 452.138 Application of other laws.
- PART 453 GENERAL STATEMENT CONCERNING THE BONDING REQUIREMENTS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
- 2 Introduction
- § 453.1 Scope and significance of this part.
- 3 Criteria for Determining Who Must Be Bonded
- § 453.2 Provisions of the statute.
- § 453.3 Labor organizations within the coverage of section 502(a).
- § 453.4 Trusts (in which a labor organization is interested) within the coverage of section 502(a).
- § 453.5 Officers, agents, shop stewards, or other representatives or employees of a labor organization.
- § 453.6 Officers, agents, shop stewards or other representatives or employees of a trust in which a labor organization is interested.
- § 453.7 “Funds or other property” of a labor organization or of a trust in which a labor organization is interested.
- § 453.8 Personnel who “handle” funds or other property.
- § 453.9 “Handling” of funds or other property by personnel functioning as a governing body.
- 4 Scope of the Bond
- § 453.10 The statutory provision.
- § 453.11 The nature of the “duties” to which the bonding requirement relates.
- § 453.12 Meaning of fraud or dishonesty.
- 5 Amount of Bonds
- § 453.13 The statutory provision.
- § 453.14 The meaning of “funds.”
- § 453.15 The meaning of funds handled “during the preceding fiscal year”.
- § 453.16 Funds handled by more than one person.
- § 453.17 Term of the bond.
- 6 Form of Bonds
- § 453.18 Bonds “individual or schedule in form”.
- § 453.19 The designation of the “insured” on bonds.
- 7 Qualified Agents, Brokers, and Surety Companies for the Placing of Bonds
- § 453.20 Corporate sureties holding grants of authority from the Secretary of the Treasury.
- § 453.21 Interests held in agents, brokers, and surety companies.
- 8 Miscellaneous Provisions
- § 453.22 Prohibition of certain activities by unbonded persons.
- § 453.23 Persons becoming subject to bonding requirements during fiscal year.
- § 453.24 Payment of bonding costs.
- § 453.25 Effective date of the bonding requirement.
- § 453.26 Powers of the Secretary of Labor to exempt.
- SUBCHAPTER B STANDARDS OF CONDUCT
- PART 457 GENERAL
- Subpart A Purpose and Scope
- § 457.1 Purpose and scope.
- Subpart B Meaning of Terms as Used in This Chapter
- § 457.10 CSRA; FSA; CAA; LMRDA.
- § 457.11 Agency, employee, labor organization, dues, Department, activity, employing office.
- § 457.12 Authority; Board.
- § 457.13 Director.
- § 457.14 Standards of conduct for labor organizations.
- § 457.15 District Director.
- § 457.16 Chief, DOE.
- § 457.17 Administrative Law Judge.
- § 457.18 Chief Administrative Law Judge.
- § 457.19 Party.
- § 457.20 Intervenor.
- PART 458 STANDARDS OF CONDUCT
- Subpart A Substantive Requirements Concerning Standards of Conduct
- § 458.1 General.
- § 458.2 Bill of rights of members of labor organizations.
- § 458.3 Application of LMRDA labor organization reporting requirements.
- § 458.4 Informing members of the standards of conduct provisions.
- 15 Trusteeships
- § 458.26 Purposes for which a trusteeship may be established.
- § 458.27 Prohibited acts relating to subordinate body under trusteeship.
- § 458.28 Presumption of validity.
- 16 Elections
- § 458.29 Election of officers.
- 17 Additional Provisions Applicable
- § 458.30 Removal of elected officers.
- § 458.31 Maintenance of fiscal integrity in the conduct of the affairs of labor organizations.
- § 458.32 Provision for accounting and financial controls.
- § 458.33 Prohibition of conflicts of interest.
- § 458.34 Loans to officers or employees.
- § 458.35 Bonding requirements.
- § 458.36 Prohibitions against certain persons holding office or employment.
- § 458.37 Prohibition of certain discipline.
- § 458.38 Deprivation of rights under the CSRA or FSA by violence or threat of violence.
- Subpart B Proceedings for Enforcing Standards of Conduct
- § 458.50 Investigations.
- § 458.51 Inspection of records and questioning.
- § 458.52 Report of investigation.
- § 458.53 Filing of complaints.
- 18 Procedures Involving Bill of Rights or Prohibited Discipline
- § 458.54 Complaints alleging violations of § 458.2, Bill of rights of members of labor organization, or § 458.37, prohibition of certain discipline.
- § 458.55 Content of complaint.
- § 458.56 Service on respondent.
- § 458.57 Additional information and report.
- § 458.58 Dismissal of complaint.
- § 458.59 Review of dismissal.
- § 458.60 Actionable complaint.
- § 458.61 Transfer and consolidation of cases.
- § 458.62 Hearing procedures.
- 19 Procedures Involving Election of Officers
- § 458.63 Complaints alleging violations of § 458.29, election of officers.
- § 458.64 Investigations; dismissal of complaint.
- § 458.65 Procedures following actionable complaint.
- 20 Other Enforcement Procedures
- § 458.66 Procedures for institution of enforcement proceedings.
- § 458.67 Standards complaint; initiation of proceedings.
- § 458.68 Answer.
- Subpart C Hearing and Related Matters
- § 458.69 Notice of hearing.
- § 458.70 Administrative Law Judge.
- § 458.71 Procedure upon admission of facts.
- § 458.72 Motions and requests.
- § 458.73 Prehearing conferences.
- § 458.74 Conduct of hearing.
- § 458.75 Intervention.
- § 458.76 Duties and powers of the Administrative Law Judge.
- § 458.77 Rights of parties.
- § 458.78 Rules of evidence.
- § 458.79 Burden of proof.
- § 458.80 Unavailability of Administrative Law Judges.
- § 458.81 Objection to conduct of hearing.
- § 458.82 Motions after a hearing.
- § 458.83 Waiver of objections.
- § 458.84 Oral argument at the hearing.
- § 458.85 Transcript.
- § 458.86 Filing of brief.
- § 458.87 Proposed findings and conclusions.
- § 458.88 Submission of the Administrative Law Judge's recommended decision and order to the Administrative Review Board; exceptions.
- § 458.89 Contents of exceptions to Administrative Law Judge's recommended decision and order.
- § 458.90 Briefs in support of exceptions.
- § 458.91 Action by the Administrative Review Board.
- § 458.92 Compliance with decisions and orders of the Administrative Review Board.
- § 458.93 Stay of remedial action.
- PART 459 MISCELLANEOUS
- § 459.1 Computation of time for filing papers.
- § 459.2 Additional time after service by mail.
- § 459.3 Documents in a proceeding.
- § 459.4 Service of pleading and other papers under this subchapter.
- § 459.5 Rules to be construed liberally.
- SUBCHAPTER C EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES
- 470 PART 470 [RESERVED]
- SUBCHAPTER D NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS
- PART 471 OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTIFICATION OF EMPLOYEE RIGHTS UNDER FEDERAL LABOR LAWS
- Subpart A Definitions, Requirements for Employee Notice, and Exceptions and Exemptions
- § 471.1 What definitions apply to this part?
- § 471.2 What employee notice clause must be included in Government contracts?
- § 471.3 What exceptions apply and what exemptions are available?
- § 471.4 What employers are not covered under this part?
- Appendix A to Subpart A of Part 471 Text of Employee Notice Clause
- Subpart B General Enforcement; Compliance Review and Complaint Procedures
- § 471.10 How will the Department determine whether a contractor is in compliance with Executive Order 13496 and this part?
- § 471.11 What are the procedures for filing and processing a complaint?
- § 471.12 What are the procedures to be followed when a violation is found during a complaint investigation or compliance evaluation?
- § 471.13 Under what circumstances, and how, will enforcement proceedings under Executive Order 13496 be conducted?
- § 471.14 What sanctions and penalties may be imposed for noncompliance, and what procedures will the Department follow in imposing such sanctions and penalties?
- § 471.15 Under what circumstances must a contractor be provided the opportunity for a hearing?
- § 471.16 Under what circumstances may a contractor be reinstated?
- Subpart C Ancillary Matters
- § 471.20 What authority under this part or Executive Order 13496 may the Secretary delegate, and under what circumstances?
- § 471.21 Who will make rulings and interpretations under Executive Order 13496 and this part?
- § 471.22 What actions may the Director of OLMS take in the case of intimidation and interference?
- § 471.23 What other provisions apply to this part?
- 472-499 PARTS 472-499 [RESERVED]
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER V WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
- SUBCHAPTER A REGULATIONS
- PART 500 MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
- Subpart A General Provisions
- § 500.0 Introduction.
- § 500.1 Purpose and scope.
- § 500.2 Compliance with State laws and regulations.
- § 500.3 Effective date of the Act; transition period; repeal of the Farm Labor Contractor Registration Act.
- § 500.4 Effect of prior judgments and final orders obtained under the Farm Labor Contractor Registration Act.
- § 500.5 Filing of applications, notices and documents.
- § 500.6 Accuracy of information, statements and data.
- § 500.7 Investigation authority of the Secretary.
- § 500.8 Prohibition on interference with Department of Labor officials.
- § 500.9 Discrimination prohibited.
- § 500.10 Waiver of rights prohibited.
- § 500.20 Definitions.
- 25 Applicability of the Act: Exemptions
- § 500.30 Persons not subject to the Act.
- Subpart B Registration of Farm Labor Contractors and Employees of Farm Labor Contractors Engaged in Farm Labor Contracting Activities
- 26 Registration Requirements; General
- § 500.40 Registration in general.
- § 500.41 Farm labor contractor is responsible for actions of his farm labor contractor employee.
- § 500.42 Certificate of Registration to be carried and exhibited.
- § 500.43 Effect of failure to produce certificate.
- 27 Applications and Renewal of Farm Labor Contractor and Farm Labor Contractor Employee Certificates
- § 500.44 Form of application.
- § 500.45 Contents of application.
- § 500.46 Filing an application.
- § 500.47 Place for filing application.
- 28 Action on Application
- § 500.48 Issuance of certificate.
- § 500.50 Duration of certificate.
- § 500.51 Refusal to issue or to renew, or suspension or revocation of certificate.
- § 500.52 Right to hearing.
- § 500.53 Nontransfer of certificate.
- § 500.54 Change of address.
- § 500.55 Changes to or amendments of certificate authority.
- § 500.56 Replacement of Certificate of Registration or Farm Labor Contractor Employee Certificate.
- 29 Additional Obligations of Farm Labor Contractors and Farm Labor Contractor Employees
- § 500.60 Farm labor contractors' recruitment, contractual and general obligations.
- § 500.61 Farm labor contractors must comply with all worker protections and all other statutory provisions.
- § 500.62 Obligations of a person holding a valid Farm Labor Contractor Employee Certificate of Registration.
- Subpart C Worker Protections
- 30 General
- § 500.70 Scope of worker protections.
- § 500.71 Utilization of only registered farm labor contractors.
- § 500.72 Agreements with workers.
- § 500.73 Required purchase of goods or services solely from any person prohibited.
- 31 Recruiting, Hiring and Providing Information to Migrant Agricultural Workers
- § 500.75 Disclosure of information.
- 32 Hiring and Providing Information to Seasonal Agricultural Workers
- § 500.76 Disclosure of information.
- 33 Employment Information Furnished
- § 500.77 Accuracy of information furnished.
- § 500.78 Information in foreign language.
- 34 Wages and Payroll Standards
- § 500.80 Payroll records required.
- § 500.81 Payment of wages when due.
- Subpart D Motor Vehicle Safety and Insurance for Transportation of Migrant and Seasonal Agricultural Workers, Housing Safety and Health for Migrant Workers
- 35 Motor Vehicle Safety
- § 500.100 Vehicle safety obligations.
- § 500.101 Promulgation and adoption of vehicle standards.
- § 500.102 Applicability of vehicle safety standards.
- § 500.103 Activities not subject to vehicle safety standards.
- § 500.104 Department of Labor standards for passenger automobiles and station wagons and transportation of seventy-five miles or less.
- § 500.105 DOT standards adopted by the Secretary.
- 36 Insurance
- § 500.120 Insurance policy or liability bond is required for each vehicle used to transport any migrant or seasonal agricultural worker.
- § 500.121 Coverage and level of insurance required.
- § 500.122 Adjustments in insurance requirements when workers' compensation coverage is provided under State law.
- § 500.123 Property damage insurance required.
- § 500.124 Liability bond in lieu of insurance policy.
- § 500.125 Qualifications and eligibility of insurance carrier or surety.
- § 500.126 Duration of insurance or liability bond.
- § 500.127 Limitations on cancellation of insurance or liability bond of registered farm labor contractors.
- § 500.128 Cancellation of insurance policy or liability bond not relief from insurance requirements.
- 37 Housing Safety and Health
- § 500.130 Application and scope of safety and health requirement.
- § 500.131 Exclusion from housing safety and health requirement.
- § 500.132 Applicable Federal standards: ETA and OSHA housing standards.
- § 500.133 Substantive Federal and State safety and health standards defined.
- § 500.134 Compliance with State standards.
- § 500.135 Certificate of housing inspection.
- Subpart E Enforcement
- § 500.140 General.
- § 500.141 Concurrent actions.
- § 500.142 Representation of the Secretary.
- § 500.143 Civil money penalty assessment.
- § 500.144 Civil money penalties—payment and collection.
- § 500.145 Registration determinations.
- § 500.146 Continuation of matters involving violations of FLCRA.
- § 500.147 Continuation of matters involving violations of section 106 of MSPA.
- 38 Agreements With Federal and State Agencies
- § 500.155 Authority.
- § 500.156 Scope of agreements with Federal agencies.
- § 500.157 Scope of agreements with State agencies.
- § 500.158 Functions delegatable.
- § 500.159 Submission of plan.
- § 500.160 Approved State plans.
- § 500.161 Audits.
- § 500.162 Reports.
- 39 Central Public Registry
- § 500.170 Establishment of registry.
- Subpart F Administrative Proceedings
- 40 General
- § 500.200 Establishment of procedures and rules of practice.
- § 500.201 Applicability of procedures and rules.
- 41 Procedures Relating to Hearing
- § 500.210 Written notice of determination required.
- § 500.211 Contents of notice.
- § 500.212 Request for hearing.
- 42 Procedures Relating to Substituted Service
- § 500.215 Change of address.
- § 500.216 Substituted service.
- § 500.217 Responsibility of Secretary for service.
- 43 Rules of Practice
- § 500.219 General.
- § 500.220 Service of determinations and computation of time.
- § 500.221 Commencement of proceeding.
- § 500.222 Designation of record.
- § 500.223 Caption of proceeding.
- 44 Referral for Hearing
- § 500.224 Referral to Administrative Law Judge.
- § 500.225 Notice of docketing.
- § 500.226 Service upon attorneys for the Department of Labor—number of copies.
- 45 Procedures Before Administrative Law Judge
- § 500.231 Appearances; representation of the Department of Labor.
- § 500.232 Consent findings and order.
- 46 Post-Hearing Procedures
- § 500.262 Decision and order of Administrative Law Judge.
- 47 Modification or Vacation of Order of Administrative Law Judge
- § 500.263 Authority of the Administrative Review Board.
- § 500.264 Procedures for initiating review.
- § 500.265 Implementation by the Administrative Review Board.
- § 500.266 Responsibility of the Office of Administrative Law Judges.
- § 500.267 Filing and service.
- § 500.268 Decision of the Administrative Review Board.
- § 500.269 Stay pending decision of the Secretary.
- 48 Record
- § 500.270 Retention of official record.
- § 500.271 Certification of official record.
- PART 501 ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT
- Subpart A General Provisions
- § 501.0 Introduction.
- § 501.1 Purpose and scope.
- § 501.2 Coordination between Federal agencies.
- § 501.3 Definitions.
- § 501.4 Discrimination prohibited.
- § 501.5 Waiver of rights prohibited.
- § 501.6 Investigation authority of the Secretary.
- § 501.7 Cooperation with Federal officials.
- § 501.8 Accuracy of information, statements, and data.
- § 501.9 Enforcement of surety bond.
- § 501.10 Severability.
- Subpart B Enforcement
- § 501.15 Enforcement.
- § 501.16 Sanctions and remedies—general.
- § 501.17 Concurrent actions.
- § 501.18 Representation of the Secretary.
- § 501.19 Civil money penalty assessment.
- § 501.20 Debarment and revocation.
- § 501.21 Failure to cooperate with investigations.
- § 501.22 Civil money penalties—payment and collection.
- Subpart C Administrative Proceedings
- § 501.30 Applicability of procedures and rules in this subpart.
- 56 Procedures Relating to Hearing
- § 501.31 Written notice of determination required.
- § 501.32 Contents of notice.
- § 501.33 Request for hearing.
- 57 Rules of Practice
- § 501.34 General.
- § 501.35 Commencement of proceeding.
- § 501.36 Caption of proceeding.
- 58 Referral for Hearing
- § 501.37 Referral to Administrative Law Judge.
- § 501.38 Notice of docketing.
- § 501.39 Service upon attorneys for the Department of Labor—number of copies.
- 59 Procedures Before Administrative Law Judge
- § 501.40 Consent findings and order.
- 60 Post-Hearing Procedures
- § 501.41 Decision and order of Administrative Law Judge.
- 61 Review of Administrative Law Judge's Decision
- § 501.42 Procedures for initiating and undertaking review.
- § 501.43 Responsibility of the Office of Administrative Law Judges.
- § 501.44 Additional information, if required.
- § 501.45 Decision of the Administrative Review Board.
- 62 Record
- § 501.46 Retention of official record.
- § 501.47 Certification.
- PART 502 ENFORCEMENT OF CONTRACTUAL OBLIGATIONS FOR TEMPORARY ALIEN AGRICULTURAL WORKERS ADMITTED UNDER SECTION 218 OF THE IMMIGRATION AND NATIONALITY ACT (SUSPENDED 6-29-2009)
- Subpart A General Provisions
- § 502.0 Introduction.
- § 502.1 Purpose and scope.
- § 502.2 Coordination of intake between DOL agencies.
- § 502.3 Discrimination prohibited.
- § 502.4 Waiver of rights prohibited.
- § 502.5 Investigation authority of Secretary.
- § 502.6 Cooperation with DOL officials.
- § 502.7 Accuracy of information, statements, data.
- § 502.8 Surety bond.
- § 502.10 Definitions.
- Subpart B Enforcement of Work Contracts
- § 502.15 Enforcement.
- § 502.16 Sanctions and remedies—General.
- § 502.17 Concurrent actions.
- § 502.18 Representation of the Secretary.
- § 502.19 Civil money penalty assessment.
- § 502.20 Debarment and revocation.
- § 502.21 Failure to cooperate with investigations.
- § 502.22 Civil money penalties—payment and collection.
- Subpart C Administrative Proceedings
- § 502.30 Applicability of procedures and rules.
- 70 Procedures Relating to Hearing
- § 502.31 Written notice of determination required.
- § 502.32 Contents of notice.
- § 502.33 Request for hearing.
- 71 Rules of Practice
- § 502.34 General.
- § 502.35 Commencement of proceeding.
- § 502.36 Caption of proceeding.
- § 502.37 Referral to Administrative Law Judge.
- § 502.38 Notice of docketing.
- § 502.39 Service upon attorneys for the Department of Labor—number of copies.
- 72 Procedures Before Administrative Law Judge
- § 502.40 Consent findings and order.
- 73 Post-Hearing Procedures
- § 502.41 Decision and order of Administrative Law Judge.
- 74 Review of Administrative Law Judge's Decision
- § 502.42 Procedures for initiating and undertaking review.
- § 502.43 Responsibility of the Office of Administrative Law Judges.
- § 502.44 Additional information, if required.
- § 502.45 Final decision of the Administrative Review Board.
- 75 Record
- § 502.46 Retention of official record.
- § 502.47 Certification.
- PART 503 ENFORCEMENT OF OBLIGATIONS FOR TEMPORARY NONIMMIGRANT NON-AGRICULTURAL WORKERS DESCRIBED IN THE IMMIGRATION AND NATIONALITY ACT
- Subpart A General Provisions
- § 503.0 Introduction.
- § 503.1 Scope and purpose.
- § 503.2 Territory of Guam.
- § 503.3 Coordination among Governmental agencies.
- § 503.4 Definition of terms.
- § 503.5 Temporary need.
- § 503.6 Waiver of rights prohibited.
- § 503.7 Investigation authority of Secretary.
- § 503.8 Accuracy of information, statements, data.
- Subpart B Enforcement
- § 503.15 Enforcement.
- § 503.16 Assurances and obligations of H-2B employers.
- § 503.17 Document retention requirements of H-2B employers.
- § 503.18 Validity of temporary labor certification.
- § 503.19 Violations.
- § 503.20 Sanctions and remedies—general.
- § 503.21 Concurrent actions within the Department of Labor.
- § 503.22 Representation of the Secretary.
- § 503.23 Civil money penalty assessment.
- § 503.24 Debarment.
- § 503.25 Failure to cooperate with investigators.
- § 503.26 Civil money penalties—payment and collection.
- Subpart C Administrative Proceedings
- § 503.40 Applicability of procedures and rules.
- 82 Procedures Related to Hearing
- § 503.41 Administrator, WHD's determination.
- § 503.42 Contents of notice of determination.
- § 503.43 Request for hearing.
- 83 Rules of Practice
- § 503.44 General.
- § 503.45 Service of pleadings.
- § 503.46 Commencement of proceeding.
- § 503.47 Caption of proceeding.
- § 503.48 Conduct of proceeding.
- 84 Procedures Before Administrative Law Judge
- § 503.49 Consent findings and order.
- 85 Post-Hearing Procedures
- § 503.50 Decision and order of Administrative Law Judge.
- 86 Review of Administrative Law Judge's Decision
- § 503.51 Procedures for initiating and undertaking review.
- § 503.52 Responsibility of the Office of Administrative Law Judges (OALJ).
- § 503.53 Additional information, if required.
- § 503.54 Submission of documents to the Administrative Review Board.
- § 503.55 Final decision of the Administrative Review Board.
- 87 Record
- § 503.56 Retention of official record.
- PART 504 ATTESTATIONS BY FACILITIES USING NONIMMIGRANT ALIENS AS REGISTERED NURSES
- § 504.1 Cross-reference.
- PART 505 LABOR STANDARDS ON PROJECTS OR PRODUCTIONS ASSISTED BY GRANTS FROM THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES
- § 505.1 Purpose and scope.
- § 505.2 Definitions.
- § 505.3 Prevailing minimum compensation.
- § 505.4 Receipt of grant funds.
- § 505.5 Adequate assurances.
- § 505.6 Safety and health standards.
- § 505.7 Failure to comply.
- PART 506 ATTESTATIONS BY EMPLOYERS USING ALIEN CREWMEMBERS FOR LONGSHORE ACTIVITIES IN U.S. PORTS
- § 506.1 Cross-reference.
- PART 507 LABOR CONDITION APPLICATIONS AND REQUIREMENTS FOR EMPLOYERS USING NONIMMIGRANTS ON H-1B SPECIALTY VISAS IN SPECIALTY OCCUPATIONS AND AS FASHION MODELS
- § 507.1 Cross-reference.
- PART 508 ATTESTATIONS FILED BY EMPLOYERS UTILIZING F-1 STUDENTS FOR OFF-CAMPUS WORK
- § 508.1 Cross-reference.
- PART 510 IMPLEMENTATION OF THE MINIMUM WAGE PROVISIONS OF THE 1989 AMENDMENTS TO THE FAIR LABOR STANDARDS ACT IN PUERTO RICO
- Subpart A General
- § 510.1 Summary.
- § 510.2 Purpose and scope of regulations.
- § 510.3 Definitions.
- Subpart B Schedule of Minimum Wage Rates Applicable in Puerto Rico
- § 510.10 Table of wage rates and effective dates.
- Subpart C Classification of Industries
- § 510.20 Wage surveys in Puerto Rico.
- § 510.21 SIC codes.
- § 510.22 Industries eligible for minimum wage phase-in.
- § 510.23 Agricultural activities eligible for minimum wage phase-in.
- § 510.24 Governmental entities eligible for minimum wage phase-in.
- § 510.25 Traditional functions of government.
- Appendix A to Part 510 Manufacturing Industries Eligible for Minimum Wage Phase-In
- Appendix B to Part 510 Nonmanufacturing Industries Eligible for Minimum Wage Phase-In
- Appendix C to Part 510 Government Corporations Eligible for Minimum Wage Phase-In
- Appendix D to Part 510 Municipalities Eligible for Minimum Wage Phase-In
- PART 511 WAGE ORDER PROCEDURE FOR AMERICAN SAMOA
- § 511.1 General method for issuance of wage orders.
- § 511.2 Initiation of proceedings; notices of hearings.
- § 511.3 Composition and appointment of committees.
- § 511.4 Compensation of committee members.
- § 511.5 Vacancies and dissolution of committees.
- § 511.6 Investigation.
- § 511.7 Committee staff.
- § 511.8 Prehearing statements.
- § 511.9 Requirements for quorum and decisions.
- § 511.10 Subjects and issues.
- § 511.11 Pertinent data.
- § 511.12 Committee and subcommittee meetings.
- § 511.13 Evidence.
- § 511.14 Procedure for receiving evidence.
- § 511.15 Submittals prior to reports.
- § 511.16 Reports.
- § 511.17 Records.
- § 511.18 Publication and effective date of wage order.
- § 511.19 Petitions.
- PART 515 UTILIZATION OF STATE AGENCIES FOR INVESTIGATIONS AND INSPECTIONS
- § 515.1 Definitions.
- § 515.2 Agreements with State agencies.
- § 515.3 Qualifications of the State agency.
- § 515.4 Submission of plan.
- § 515.5 Additional requirements.
- § 515.6 Audits.
- § 515.7 Transmission of official mail.
- § 515.8 Enforcement.
- § 515.9 Agreements and approved plans.
- § 515.10 Amendments and repeal.
- PART 516 RECORDS TO BE KEPT BY EMPLOYERS
- 88 Introductory
- § 516.0 Display of OMB control numbers.
- § 516.1 Form of records; scope of regulations.
- Subpart A General Requirements
- § 516.2 Employees subject to minimum wage or minimum wage and overtime provisions pursuant to section 6 or sections 6 and 7(a) of the Act.
- § 516.3 Bona fide executive, administrative, and professional employees (including academic administrative personnel and teachers in elementary or secondary schools), and outside sales employees employed pursuant to section 13(a)(1) of the Act.
- § 516.4 Posting of notices.
- § 516.5 Records to be preserved 3 years.
- § 516.6 Records to be preserved 2 years.
- § 516.7 Place for keeping records and their availability for inspection.
- § 516.8 Computations and reports.
- § 516.9 Petitions for exceptions.
- § 516.10 [Reserved]
- Subpart B Records Pertaining to Employees Subject to Miscellaneous Exemptions Under the Act; Other Special Requirements
- § 516.11 Employees exempt from both minimum wage and overtime pay requirements under section 13(a) (2), (3), (4), (5), (8), (10), (12), or 13(d) of the Act.
- § 516.12 Employees exempt from overtime pay requirements pursuant to section 13(b) (1), (2), (3), (5), (9), (10), (15), (16), (17), (20), (21), (24), (27), or (28) of the Act.
- § 516.13 Livestock auction employees exempt from overtime pay requirements under section 13(b)(13) of the Act.
- § 516.14 Country elevator employees exempt from overtime pay requirements under section 13(b)(14) of the Act.
- § 516.15 Local delivery employees exempt from overtime pay requirements pursuant to section 13(b)(11) of the Act.
- § 516.16 Commission employees of a retail or service establishment exempt from overtime pay requirements pursuant to section 7(i) of the Act.
- § 516.17 Seamen exempt from overtime pay requirements pursuant to section 13(b)(6) of the Act.
- § 516.18 Employees employed in certain tobacco, cotton, sugar cane or sugar beet services, who are partially exempt from overtime pay requirements pursuant to section 7(m), 13(h), 13(i) or 13(j) of the Act.
- § 516.19 [Reserved]
- § 516.20 Employees under certain collective bargaining agreements who are partially exempt from overtime pay requirements as provided in section 7(b)(1) or section 7(b)(2) of the Act.
- § 516.21 Bulk petroleum employees partially exempt from overtime pay requirements pursuant to section 7(b)(3) of the Act.
- § 516.22 Employees engaged in charter activities of carriers pursuant to section 7(n) of the Act.
- § 516.23 Employees of hospitals and residential care facilities compensated for overtime work on the basis of a 14-day work period pursuant to section 7(j) of the Act.
- § 516.24 Employees employed under section 7(f) “Belo” contracts.
- § 516.25 Employees paid for overtime on the basis of “applicable” rates provided in sections 7(g)(1) and 7(g)(2) of the Act.
- § 516.26 Employees paid for overtime at premium rates computed on a “basic” rate authorized in accordance with section 7(g)(3) of the Act.
- § 516.27 “Board, lodging, or other facilities” under section 3(m) of the Act.
- § 516.28 Tipped employees and employer-administered tip pools.
- § 516.29 Employees employed by a private entity operating an amusement or recreational establishment located in a national park or national forest or on land in the National Wildlife Refuge System who are partially exempt from overtime pay requirements pursuant to section 13(b)(29) of the Act.
- § 516.30 Learners, apprentices, messengers, students, or handicapped workers employed under special certificates as provided in section 14 of the Act.
- § 516.31 Industrial homeworkers.
- § 516.32 [Reserved]
- § 516.33 Employees employed in agriculture pursuant to section 13(a)(6) or 13(b)(12) of the Act.
- § 516.34 Exemption from overtime pay for time spent by certain employees receiving remedial education pursuant to section 7(q) of the Act.
- PART 519 EMPLOYMENT OF FULL-TIME STUDENTS AT SUBMINIMUM WAGES
- Subpart A Retail or Service Establishments, and Agriculture
- § 519.1 Applicability of the regulations in this subpart.
- § 519.2 Definitions.
- § 519.3 Application for a full-time student certificate.
- § 519.4 Procedure for action upon an application.
- § 519.5 Conditions governing issuance of full-time student certificates.
- § 519.6 Terms and conditions of employment under full-time student certificates and under temporary authorization.
- § 519.7 Records to be kept.
- § 519.8 Amendment or replacement of a full-time student certificate.
- § 519.9 Reconsideration and review.
- Subpart B Institutions of Higher Education
- § 519.11 Applicability of the regulations in this subpart.
- § 519.12 Definitions.
- § 519.13 Application for a full-time student certificate.
- § 519.14 Procedure for action upon an application.
- § 519.15 Conditions governing issuance of full-time student certificates.
- § 519.16 Terms and conditions of employment under full-time student certificates and under temporary authorization.
- § 519.17 Records to be kept.
- § 519.18 Amendment or replacement of a full-time student certificate.
- § 519.19 Reconsideration and review.
- PART 520 EMPLOYMENT UNDER SPECIAL CERTIFICATE OF MESSENGERS, LEARNERS (INCLUDING STUDENT-LEARNERS), AND APPRENTICES
- A Subpart A [Reserved]
- Subpart B What are the General Provisions Governing the Employment of Messengers, Learners (Including Student-Learners), and Apprentices at Subminimum Wages?
- § 520.200 What is the legal authority for payment of wages lower than the minimum wage required by section 6(a) of the Fair Labor Standards Act?
- § 520.201 How are those classifications of workers which may be paid subminimum wages under section 14(a) of the Fair Labor Standards Act defined?
- § 520.202 How do persons who want to apply for a particular certificate find out what is needed?
- § 520.203 What records does an employer have to keep when subminimum wage certificates are granted? How long do they have to be kept?
- § 520.204 If someone does not agree with the Department of Labor's decision on a certificate, can the decision be appealed?
- § 520.205 How do these rules affect other Federal, state and local laws and collective bargaining agreements?
- Subpart C Definitions
- § 520.300 Definitions.
- Subpart D Messengers, Learners (Excluding Student-Learners), and Apprentices
- § 520.400 Who are messengers, learners, and apprentices?
- § 520.401 Are there any industries, occupations, etc. that do not qualify for a certificate to employ messengers, learners, or apprentices at subminimum wages?
- § 520.402 How do I obtain authority to employ messengers, learners, or apprentices at subminimum wages?
- § 520.403 What information is required when applying for authority to pay less than the minimum wage?
- § 520.404 What must I demonstrate in my application for a messenger, learner, or apprentice certificate to receive a favorable review?
- § 520.405 Must I notify my employees that I am applying for a certificate to employ messengers and/or learners at subminimum wages?
- § 520.406 What happens once I have submitted my request for authorization to pay messengers, learners, or apprentices subminimum wages?
- § 520.407 What is the subminimum wage for messengers and what must I do to comply with the terms of my certificate?
- § 520.408 What is the subminimum wage for learners and what must I do to comply with the terms of my certificate?
- § 520.409 When will authority to pay apprentices special minimum wages become effective and what is the special minimum wage rate?
- § 520.410 How long does a messenger, learner, or apprentice certificate remain in effect?
- § 520.411 Does a certificate authorizing payment of subminimum wages to messengers and/or learners remain in effect during the renewal process?
- § 520.412 What records, in addition to those required by Part 516 of this chapter and section 520.203 of this part, must I keep relating to the employment of messengers, learners, or apprentices under special certificate?
- Subpart E Student-Learners
- § 520.500 Who is a student-learner?
- § 520.501 How do I obtain authority to employ student-learners at subminimum wages?
- § 520.502 What information must an application to employ student-learners at subminimum wages contain?
- § 520.503 What must I demonstrate in my application for a student-learner certificate to receive a favorable review?
- § 520.504 When will authority to pay student-learners subminimum wages become effective?
- § 520.505 How will I be notified that my request to employ student-learners at subminimum wages has been denied and can I appeal the denial?
- § 520.506 What is the subminimum wage for student-learners and what must I do to comply with the terms of my student-learner certificate?
- § 520.507 How long does my certificate remain in effect?
- § 520.508 What records, in addition to those required by Part 516 of this chapter and section 520.203 of this part, must I keep when student-learners are employed?
- 521-524 PARTS 521-524 [RESERVED]
- PART 525 EMPLOYMENT OF WORKERS WITH DISABILITIES UNDER SPECIAL CERTIFICATES
- § 525.1 Introduction.
- § 525.2 Purpose and scope.
- § 525.3 Definitions.
- § 525.4 Patient workers.
- § 525.5 Wage payments.
- § 525.6 Compensable time.
- § 525.7 Application for certificates.
- § 525.8 Special provisions for temporary authority.
- § 525.9 Criteria for employment of workers with disabilities under certificates at special minimum wage rates.
- § 525.10 Prevailing wage rates.
- § 525.11 Issuance of certificates.
- § 525.12 Terms and conditions of special minimum wage certificates.
- § 525.13 Renewal of special minimum wage certificates.
- § 525.14 Posting of notices.
- § 525.15 Industrial homework.
- § 525.16 Records to be kept by employers.
- § 525.17 Revocation of certificates.
- § 525.18 Review.
- § 525.19 Investigations and hearings.
- § 525.20 Relation to other laws.
- § 525.21 Lowering of wage rates.
- § 525.22 Employee's right to petition.
- § 525.23 Work activities centers.
- § 525.24 Advisory Committee on Special Minimum Wages.
- 527 PART 527 [RESERVED]
- PART 528 ANNULMENT OR WITHDRAWAL OF CERTIFICATES FOR THE EMPLOYMENT OF STUDENT-LEARNERS, APPRENTICES, LEARNERS, MESSENGERS, HANDICAPPED PERSONS, STUDENT-WORKERS, AND FULL-TIME STUDENTS IN AGRICULTURE OR IN RETAIL OR SERVICE ESTABLISHMENTS AT SPECIAL MINIMUM WAGE RATES
- § 528.1 Applicability of the regulations in this part.
- § 528.2 Definition of terms.
- § 528.3 Withdrawal and annulment of certificates.
- § 528.4 According opportunity to demonstrate or achieve compliance.
- § 528.5 Proceedings for withdrawal or annulment.
- § 528.6 Review.
- § 528.7 Effect of order of annulment or withdrawal.
- PART 530 EMPLOYMENT OF HOMEWORKERS IN CERTAIN INDUSTRIES
- Subpart A General
- § 530.1 Definitions.
- § 530.2 Restriction of homework.
- § 530.3 Application forms for individual homeworker certificates.
- § 530.4 Terms and conditions for the issuance of individual homeworker certificates.
- § 530.5 Investigation.
- § 530.6 Termination of individual homeworker certificates.
- § 530.7 Revocation and cancellation of individual homeworker certificates.
- § 530.8 Preservation of individual homeworker certificates.
- § 530.9 Records and reports.
- § 530.10 Delegation of authority to grant, deny, or cancel an individual homeworker certificate.
- § 530.11 Petition for review.
- § 530.12 Special provisions.
- Subpart B Homeworker Employer Certificates
- § 530.101 General.
- § 530.102 Requests for employer certificates.
- § 530.103 Employer assurances.
- § 530.104 Bonding or security payments.
- § 530.105 Investigations.
- Subpart C Denial/Revocation of Homeworker Employer Certificates
- § 530.201 Conflict with State law.
- § 530.202 Piece rates—work measurement.
- § 530.203 Outstanding violations and open investigations.
- § 530.204 Discretionary denial or revocation.
- § 530.205 Mandatory denial or revocation.
- § 530.206 Special circumstances.
- Subpart D Civil Money Penalties
- § 530.301 General.
- § 530.302 Amounts of civil money penalties.
- § 530.303 Considerations in determining amounts.
- § 530.304 Procedures for assessment.
- Subpart E Administrative Procedures
- § 530.401 Applicability of procedures and rules.
- § 530.402 Notice of determination.
- § 530.403 Request for hearing.
- § 530.404 Referral to Administrative Law Judge.
- § 530.405 General.
- § 530.406 Decision and order of Administrative Law Judge.
- § 530.407 Procedures for initiating and undertaking review.
- § 530.408 Notice of the Secretary to review decision.
- § 530.409 Decision of the Secretary.
- § 530.410 Special procedures.
- § 530.411 Emergency certificate revocation procedures.
- § 530.412 Alternative summary proceedings.
- § 530.413 Certification of the record.
- § 530.414 Equal Access to Justice Act.
- PART 531 WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938
- Subpart A Preliminary Matters
- § 531.1 Definitions.
- § 531.2 Purpose and scope.
- Subpart B Determinations of “Reasonable Cost” and “Fair Value”; Effects of Collective Bargaining Agreements
- § 531.3 General determinations of “reasonable cost.”
- § 531.4 Making determinations of “reasonable cost.”
- § 531.5 Making determinations of “fair value.”
- § 531.6 Effects of collective bargaining agreements.
- § 531.7 [Reserved]
- Subpart C Interpretations
- § 531.25 Introductory statement.
- § 531.26 Relation to other laws.
- 92 How Payments May Be Made
- § 531.27 Payment in cash or its equivalent required.
- § 531.28 Restrictions applicable where payment is not in cash or its equivalent.
- § 531.29 Board, lodging, or other facilities.
- § 531.30 “Furnished” to the employee.
- § 531.31 “Customarily” furnished.
- § 531.32 “Other facilities.”
- § 531.33 “Reasonable cost”; “fair value.”
- § 531.34 Payment in scrip or similar medium not authorized.
- § 531.35 “Free and clear” payment; “kickbacks.”
- 93 Payment Where Additions or Deductions Are Involved
- § 531.36 Nonovertime workweeks.
- § 531.37 Overtime workweeks.
- 94 Payments Made to Persons Other Than Employees
- § 531.38 Amounts deducted for taxes.
- § 531.39 Payments to third persons pursuant to court order.
- § 531.40 Payments to employee's assignee.
- Subpart D Tipped Employees
- § 531.50 Statutory provisions with respect to tipped employees.
- § 531.51 Conditions for taking tip credits in making wage payments.
- § 531.52 General restrictions on an employer's use of its employees' tips.
- § 531.53 Payments which constitute tips.
- § 531.54 Tip pooling.
- § 531.55 Examples of amounts not received as tips.
- § 531.56 “More than $30 a month in tips.”
- § 531.57 Receiving the minimum amount “customarily and regularly.”
- § 531.58 Initial and terminal months.
- § 531.59 The tip wage credit.
- § 531.60 Overtime payments.
- PART 536 AREA OF PRODUCTION
- §§ 536.1-536.2 [Reserved]
- § 536.3 “Area of production” as used in section 13(b)(14) of the Fair Labor Standards Act.
- PART 541 DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES
- Subpart A General Regulations
- § 541.0 Introductory statement.
- § 541.1 Terms used in regulations.
- § 541.2 Job titles insufficient.
- § 541.3 Scope of the section 13(a)(1) exemptions.
- § 541.4 Other laws and collective bargaining agreements.
- Subpart B Executive Employees
- § 541.100 General rule for executive employees.
- § 541.101 Business owner.
- § 541.102 Management.
- § 541.103 Department or subdivision.
- § 541.104 Two or more other employees.
- § 541.105 Particular weight.
- § 541.106 Concurrent duties.
- Subpart C Administrative Employees
- § 541.200 General rule for administrative employees.
- § 541.201 Directly related to management or general business operations.
- § 541.202 Discretion and independent judgment.
- § 541.203 Administrative exemption examples.
- § 541.204 Educational establishments.
- Subpart D Professional Employees
- § 541.300 General rule for professional employees.
- § 541.301 Learned professionals.
- § 541.302 Creative professionals.
- § 541.303 Teachers.
- § 541.304 Practice of law or medicine.
- Subpart E Computer Employees
- § 541.400 General rule for computer employees.
- § 541.401 Computer manufacture and repair.
- § 541.402 Executive and administrative computer employees.
- Subpart F Outside Sales Employees
- § 541.500 General rule for outside sales employees.
- § 541.501 Making sales or obtaining orders.
- § 541.502 Away from employer's place of business.
- § 541.503 Promotion work.
- § 541.504 Drivers who sell.
- Subpart G Salary Requirements
- § 541.600 Amount of salary required.
- § 541.601 Highly compensated employees.
- § 541.602 Salary basis.
- § 541.603 Effect of improper deductions from salary.
- § 541.604 Minimum guarantee plus extras.
- § 541.605 Fee basis.
- § 541.606 Board, lodging or other facilities.
- § 541.607 [Reserved]
- Subpart H Definitions and Miscellaneous Provisions
- § 541.700 Primary duty.
- § 541.701 Customarily and regularly.
- § 541.702 Exempt and nonexempt work.
- § 541.703 Directly and closely related.
- § 541.704 Use of manuals.
- § 541.705 Trainees.
- § 541.706 Emergencies.
- § 541.707 Occasional tasks.
- § 541.708 Combination exemptions.
- § 541.709 Motion picture producing industry.
- § 541.710 Employees of public agencies.
- PART 547 REQUIREMENTS OF A “BONA FIDE THRIFT OR SAVINGS PLAN”
- § 547.0 Scope and effect of part.
- § 547.1 Essential requirements for qualifications.
- § 547.2 Disqualifying provisions.
- PART 548 AUTHORIZATION OF ESTABLISHED BASIC RATES FOR COMPUTING OVERTIME PAY
- Subpart A General Regulations
- § 548.1 Scope and effect of regulations.
- § 548.2 General conditions.
- § 548.3 Authorized basic rates.
- § 548.4 Application for authorization of a “basic rate.”
- Subpart B Interpretations
- 100 Introduction
- § 548.100 Introductory statement.
- 101 Requirements for a Basic Rate
- § 548.200 Requirements.
- 102 Authorized Basic Rates
- § 548.300 Introductory statement.
- § 548.301 Salaried employees.
- § 548.302 Average earnings for period other than a workweek.
- § 548.303 Average earnings for each type of work.
- § 548.304 Excluding value of lunches furnished.
- § 548.305 Excluding certain additions to wages.
- § 548.306 Average earnings for year or quarter year preceding the current quarter.
- 103 Rates Authorized on Application
- § 548.400 Procedures.
- § 548.401 Agreement or understanding.
- § 548.402 Applicable overtime provisions.
- § 548.403 Description of method of calculation.
- § 548.404 Kinds of jobs or employees.
- § 548.405 Representative period.
- 104 Computation of Overtime Pay
- § 548.500 Methods of computation.
- § 548.501 Overtime hours based on nonstatutory standards.
- § 548.502 Other payments.
- PART 549 REQUIREMENTS OF A “BONA FIDE PROFIT-SHARING PLAN OR TRUST”
- § 549.0 Scope and effect of regulations.
- § 549.1 Essential requirements for qualifications.
- § 549.2 Disqualifying provisions.
- § 549.3 Distinction between plan and trust.
- PART 550 DEFINING AND DELIMITING THE TERM “TALENT FEES”
- § 550.1 “Talent fees” as used in section 7(e)(3)(c) of the Fair Labor Standards Act, as amended.
- § 550.2 Definitions.
- PART 551 LOCAL DELIVERY DRIVERS AND HELPERS; WAGE PAYMENT PLANS
- § 551.1 Statutory provision.
- § 551.2 Findings authorized by this part.
- § 551.3 Petition for a finding.
- § 551.4 Requirements for petition.
- § 551.5 Information to be submitted.
- § 551.6 Action on petition.
- § 551.7 Finding.
- § 551.8 Definitions.
- § 551.9 Recordkeeping requirements.
- PART 552 APPLICATION OF THE FAIR LABOR STANDARDS ACT TO DOMESTIC SERVICE
- Subpart A General Regulations
- § 552.1 Terms used in regulations.
- § 552.2 Purpose and scope.
- § 552.3 Domestic service employment.
- § 552.4 Babysitting services.
- § 552.5 Casual basis.
- § 552.6 Companionship services.
- Subpart B Interpretations
- § 552.99 Basis for coverage of domestic service employees.
- § 552.100 Application of minimum wage and overtime provisions.
- § 552.101 Domestic service employment.
- § 552.102 Live-in domestic service employees.
- § 552.103 Babysitting services in general.
- § 552.104 Babysitting services performed on a casual basis.
- § 552.105 Individuals performing babysitting services in their own homes.
- § 552.106 Companionship services.
- § 552.107 Yard maintenance workers.
- § 552.108 Child labor provisions.
- § 552.109 Third party employment.
- § 552.110 Recordkeeping requirements.
- PART 553 APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF STATE AND LOCAL GOVERNMENTS
- Subpart A General
- 114 Introduction
- § 553.1 Definitions.
- § 553.2 Purpose and scope.
- § 553.3 Coverage—general.
- Section 3(e)(2)(C) Exclusions
- § 553.10 General.
- § 553.11 Exclusion for elected officials and their appointees.
- § 553.12 Exclusion for employees of legislative branches.
- Section 7(o) Compensatory Time and Compensatory Time Off
- § 553.20 Introduction.
- § 553.21 Statutory provisions.
- § 553.22 “FLSA compensatory time” and “FLSA compensatory time off”.
- § 553.23 Agreement or understanding prior to performance of work.
- § 553.24 “Public safety”, “emergency response”, and “seasonal” activities.
- § 553.25 Conditions for use of compensatory time (“reasonable period”, “unduly disrupt”).
- § 553.26 Cash overtime payments.
- § 553.27 Payments for unused compensatory time.
- § 553.28 Other compensatory time.
- 117 Other Exemptions
- § 553.30 Occasional or sporadic employment-section 7(p)(2).
- § 553.31 Substitution—section 7(p)(3).
- § 553.32 Other FLSA exemptions.
- 118 Recordkeeping
- § 553.50 Records to be kept of compensatory time.
- § 553.51 Records to be kept for employees paid pursuant to section 7(k).
- Subpart B Volunteers
- § 553.100 General.
- § 553.101 “Volunteer” defined.
- § 553.102 Employment by the same public agency.
- § 553.103 “Same type of services” defined.
- § 553.104 Private individuals who volunteer services to public agencies.
- § 553.105 Mutual aid agreements.
- § 553.106 Payment of expenses, benefits, or fees.
- Subpart C Fire Protection and Law Enforcement Employees of Public Agencies
- 119 General Principles
- § 553.200 Statutory provisions: section 13(b)(20).
- § 553.201 Statutory provisions: section 7(k).
- § 553.202 Limitations.
- 120 Exemption Requirements
- § 553.210 Fire protection activities.
- § 553.211 Law enforcement activities.
- § 553.212 Twenty percent limitation on nonexempt work.
- § 553.213 Public agency employees engaged in both fire protection and law enforcement activities.
- § 553.214 Trainees.
- § 553.215 [Reserved]
- § 553.216 Other exemptions.
- 121 Tour of Duty and Compensable Hours of Work Rules
- § 553.220 “Tour of duty” defined.
- § 553.221 Compensable hours of work.
- § 553.222 Sleep time.
- § 553.223 Meal time.
- § 553.224 “Work period” defined.
- § 553.225 Early relief.
- § 553.226 Training time.
- § 553.227 Outside employment.
- 122 Overtime Compensation Rules
- § 553.230 Maximum hours standards for work periods of 7 to 28 days—section 7(k).
- § 553.231 Compensatory time off.
- § 553.232 Overtime pay requirements.
- § 553.233 “Regular rate” defined.
- PART 570 CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION
- Subpart A General
- § 570.1 Definitions.
- § 570.2 Minimum age standards.
- Subpart B Certificates of Age
- § 570.5 Certificates of age and their effect.
- § 570.6 Contents and disposition of certificates of age.
- § 570.7 Documentary evidence required for issuance of a certificate of age.
- § 570.8 Issuance of a Federal certificate of age.
- § 570.9 States in which State certificates of age are accepted.
- § 570.10 Rules for certificates of age in the State of Alaska and the Territory of Guam.
- § 570.11 Continued acceptability of certificates of age.
- § 570.12 Revoked certificates of age.
- 131 Provisions of Other Laws
- § 570.25 Effect on laws other than the Federal child labor standards.
- Subpart C Employment of Minors Between 14 and 16 Years of Age (Child Labor Reg. 3)
- § 570.31 Secretary's determinations concerning the employment of minors 14 and 15 years of age.
- § 570.32 Effect of this subpart.
- § 570.33 Occupations that are prohibited to minors 14 and 15 years of age.
- § 570.34 Occupations that may be performed by minors 14 and 15 years of age.
- § 570.35 Hours of work and conditions of employment permitted for minors 14 and 15 years of age.
- § 570.36 Work experience and career exploration program.
- § 570.37 Work-study program.
- § 570.38 Effect of a certificate of age under this subpart.
- § 570.39 Effect of this subpart on other laws.
- D Subpart D [Reserved]
- Subpart E Occupations Particularly Hazardous for the Employment of Minors Between 16 and 18 Years of Age or Detrimental to Their Health or Well-Being
- § 570.50 General.
- § 570.51 Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components (Order 1).
- § 570.52 Occupations of motor-vehicle driver and outside helper (Order 2).
- § 570.53 Coal-mine occupations (Order 3).
- § 570.54 Forest fire fighting and forest fire prevention occupations, timber tract occupations, forestry service occupations, logging occupations, and occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill (Order 4).
- § 570.55 Occupations involved in the operation of power-driven woodworking machines (Order 5).
- § 570.57 Exposure to radioactive substances and to ionizing radiations (Order 6).
- § 570.58 Occupations involved in the operation of power-driven hoisting apparatus (Order 7).
- § 570.59 Occupations involved in the operation of power-driven metal forming, punching, and shearing machines (Order 8).
- § 570.60 Occupations in connection with mining, other than coal (Order 9).
- § 570.61 Occupations in the operation of power-driven meat-processing machines and occupations involving slaughtering, meat and poultry packing, processing, or rendering (Order 10).
- § 570.62 Occupations involved in the operation of bakery machines (Order 11).
- § 570.63 Occupations involved in the operation of balers, compactors, and paper-products machines (Order 12).
- § 570.64 Occupations involved in the manufacture of brick, tile, and kindred products (Order 13).
- § 570.65 Occupations involving the operation of circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs (Order 14).
- § 570.66 Occupations involved in wrecking, demolition, and shipbreaking operations (Order 15).
- § 570.67 Occupations in roofing operations and on or about a roof (Order 16).
- § 570.68 Occupations in excavation operations (Order 17).
- Subpart E-1 Occupations in Agriculture Particularly Hazardous for the Employment of Children Below the Age of 16
- § 570.70 Purpose and scope.
- § 570.71 Occupations involved in agriculture.
- § 570.72 Exemptions.
- F Subpart F [Reserved]
- Subpart G General Statements of Interpretation of the Child Labor Provisions of the Fair Labor Standards Act of 1938, as Amended
- 132 General
- § 570.101 Introductory statement.
- § 570.102 General scope of statutory provisions.
- § 570.103 Comparison with wage and hour provisions.
- 133 Coverage of Section 12(a)
- § 570.104 General.
- § 570.105 “Producer, manufacturer, or dealer”.
- § 570.106 “Ship or deliver for shipment in commerce”.
- § 570.107 “Goods”. 10
- § 570.108 “Produced”.
- § 570.109 “Establishment situated in the United States”.
- § 570.110 “In or about”.
- § 570.111 Removal “within 30 days”.
- 134 Coverage of Section 12(c)
- § 570.112 General.
- § 570.113 Employment “in commerce or in the production of goods for commerce”.
- 135 Joint and Separate Applicability of Sections 12(a) and 12(c)
- § 570.114 General.
- § 570.115 Joint applicability.
- § 570.116 Separate applicability.
- 136 Oppressive Child Labor
- § 570.117 General.
- § 570.118 Sixteen-year minimum.
- § 570.119 Fourteen-year minimum.
- § 570.120 Eighteen-year minimum.
- § 570.121 Age certificates.
- 137 Exemptions
- § 570.122 General.
- § 570.123 Agriculture.
- § 570.124 Delivery of newspapers.
- § 570.125 Actors and performers.
- § 570.126 Parental exemption.
- § 570.127 Homeworkers engaged in the making of evergreen wreaths.
- § 570.128 Loading of certain scrap paper balers and paper box compactors.
- § 570.129 Limited driving of automobiles and trucks by 17-year-olds.
- § 570.130 Employment of certain youth inside and outside of places of business that use power-driven machinery to process wood products.
- 138 Enforcement
- § 570.140 General.
- § 570.141 Good faith defense.
- § 570.142 Relation to other laws.
- PART 575 WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS
- § 575.1 Purpose and scope.
- § 575.2 Definitions.
- § 575.3 Application for waiver.
- § 575.4 Information to be included in application.
- § 575.5 Supporting data to accompany application.
- § 575.6 Procedure for action on an application.
- § 575.7 Statutory conditions for employment under the waiver.
- § 575.8 Secretary's conditions for employment under the waiver.
- § 575.9 Failure to comply with the terms and conditions of the waiver.
- PART 578 TIP RETENTION, MINIMUM WAGE, AND OVERTIME VIOLATIONS—CIVIL MONEY PENALTIES
- § 578.1 What does this part cover?
- § 578.2 Definitions.
- § 578.3 What types of violations may result in a penalty being assessed?
- § 578.4 Determination of penalty.
- PART 579 CHILD LABOR VIOLATIONS—CIVIL MONEY PENALTIES
- § 579.1 Purpose and scope.
- § 579.2 Definitions.
- § 579.3 Violations for which child labor civil money penalties may be assessed.
- § 579.4 [Reserved]
- § 579.5 Determining the amount of the penalty and assessing the penalty.
- PART 580 CIVIL MONEY PENALTIES—PROCEDURES FOR ASSESSING AND CONTESTING PENALTIES
- § 580.1 Definitions.
- § 580.2 Applicability of procedures and rules.
- § 580.3 Written notice of determination required.
- § 580.4 Contents of notice.
- § 580.5 Finality of notice.
- § 580.6 Exception to determination of penalty and request for hearing.
- 139 Rules of Practice
- § 580.7 General.
- § 580.8 Service and computation of time.
- § 580.9 Commencement of proceeding.
- 140 Referral for Hearing
- § 580.10 Referral to Administrative Law Judge.
- § 580.11 Appointment of Administrative Law Judge and notification of prehearing conference and hearing date.
- § 580.12 Decision and Order of Administrative Law Judge.
- § 580.13 Procedures for appeals to the Administrative Review Board.
- § 580.14 [Reserved]
- § 580.15 Responsibility of the Office of Administrative Law Judges for the administrative record.
- § 580.16 Decision of the Administrative Review Board.
- § 580.17 Retention of official record.
- § 580.18 Collection and recovery of penalty.
- PART 697 INDUSTRIES IN AMERICAN SAMOA
- § 697.1 Industry definitions.
- § 697.2 Industry wage rates and effective dates.
- § 697.3 Notices.
- § 697.4 Effective dates.
- SUBCHAPTER B STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
- PART 775 GENERAL
- § 775.0 General enforcement policy.
- § 775.1 Advisory interpretations announced by the Administrator.
- PART 776 INTERPRETATIVE BULLETIN ON THE GENERAL COVERAGE OF THE WAGE AND HOURS PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938
- Subpart A General
- § 776.0 Subpart limited to individual employee coverage.
- 147 Individual Employee Coverage
- § 776.0a Introductory statement.
- 148 How Coverage Is Determined
- § 776.1 General interpretative guides.
- § 776.2 Employee basis of coverage.
- § 776.3 Persons engaging in both covered and noncovered activities.
- § 776.4 Workweek standard.
- § 776.5 Coverage not dependent on method of compensation.
- § 776.6 Coverage not dependent on place of work.
- § 776.7 Geographical scope of coverage.
- 149 Engaging “In Commerce”
- § 776.8 The statutory provisions.
- § 776.9 General scope of “in commerce” coverage.
- § 776.10 Employees participating in the actual movement of commerce.
- § 776.11 Employees doing work related to instrumentalities of commerce.
- § 776.12 Employees traveling across State lines.
- § 776.13 Commerce crossing international boundaries.
- 150 Engaging in “The Production of Goods for Commerce”
- § 776.14 Elements of “production” coverage.
- § 776.15 “Production.”
- § 776.16 Employment in “producing, * * * or in any other manner working on” goods.
- § 776.17 Employment in a “closely related process or occupation directly essential to” production of goods.
- § 776.18 Employees of producers for commerce.
- § 776.19 Employees of independent employers meeting needs of producers for commerce.
- § 776.20 “Goods.”
- § 776.21 “For” commerce.
- Subpart B Construction Industry
- § 776.22 Subpart limited to individual employee coverage.
- 151 Enterprise Coverage
- § 776.22a Extension of coverage to employment in certain enterprises.
- 152 Individual Employee Coverage in the Construction Industry
- § 776.22b Guiding principles.
- § 776.23 Employment in the construction industry.
- § 776.24 Travel in connection with construction projects.
- § 776.25 Regular and recurring activities as basis of coverage.
- § 776.26 Relationship of the construction work to the covered facility.
- § 776.27 Construction which is related to covered production.
- § 776.28 Covered preparatory activities.
- § 776.29 Instrumentalities and channels of interstate commerce.
- § 776.30 Construction performed on temporarily idle facilities.
- PART 778 OVERTIME COMPENSATION
- Subpart A General Considerations
- § 778.0 Introductory statement.
- § 778.1 Introductory statement.
- § 778.2 Coverage and exemptions not discussed.
- § 778.3 Interpretations made, continued, and superseded by this part.
- § 778.4 Reliance on interpretations.
- § 778.5 Relation to other laws generally.
- § 778.6 Effect of Davis-Bacon Act.
- § 778.7 Effect of Service Contract Act of 1965.
- Subpart B The Overtime Pay Requirements
- 175 Introductory
- § 778.100 The maximum-hours provisions.
- § 778.101 Maximum nonovertime hours.
- § 778.102 Application of overtime provisions generally.
- § 778.103 The workweek as the basis for applying section 7(a).
- § 778.104 Each workweek stands alone.
- § 778.105 Determining the workweek.
- § 778.106 Time of payment.
- 176 Principles for Computing Overtime Pay Based on the “Regular Rate”
- § 778.107 General standard for overtime pay.
- § 778.108 The “regular rate”.
- § 778.109 The regular rate is an hourly rate.
- § 778.110 Hourly rate employee.
- § 778.111 Pieceworker.
- § 778.112 Day rates and job rates.
- § 778.113 Salaried employees—general.
- § 778.114 Fluctuating Workweek Method of Computing Overtime.
- § 778.115 Employees working at two or more rates.
- § 778.116 Payments other than cash.
- § 778.117 Commission payments—general.
- § 778.118 Commission paid on a workweek basis.
- § 778.119 Deferred commission payments—general rules.
- § 778.120 Deferred commission payments not identifiable as earned in particular workweeks.
- § 778.121 Commission payments—delayed credits and debits.
- § 778.122 Computation of overtime for commission employees on established basic rate.
- Subpart C Payments That May Be Excluded From the “Regular Rate”
- 177 The Statutory Provisions
- § 778.200 Provisions governing inclusion, exclusion, and crediting of particular payments.
- 178 Extra Compensation Paid for Overtime
- § 778.201 Overtime premiums—general.
- § 778.202 Premium pay for hours in excess of a daily or weekly standard.
- § 778.203 Premium pay for work on Saturdays, Sundays, and other “special days”.
- § 778.204 “Clock pattern” premium pay.
- § 778.205 Premiums for weekend and holiday work—example.
- § 778.206 Premiums for work outside basic workday or workweek—examples.
- § 778.207 Other types of contract premium pay distinguished.
- 179 Bonuses
- § 778.208 Inclusion and exclusion of bonuses in computing the “regular rate.”
- § 778.209 Method of inclusion of bonus in regular rate.
- § 778.210 Percentage of total earnings as bonus.
- § 778.211 Discretionary bonuses.
- § 778.212 Gifts, Christmas and special occasion bonuses.
- § 778.213 Profit-sharing, thrift, and savings plans.
- § 778.214 Benefit plans; including profit-sharing plans or trusts providing similar benefits.
- § 778.215 Conditions for exclusion of benefit-plan contributions under section 7(e)(4).
- 180 Payments not for Hours Worked
- § 778.216 The provisions of section 7(e)(2) of the Act.
- § 778.217 Reimbursement for expenses.
- § 778.218 Pay for certain idle hours.
- § 778.219 Pay for forgoing holidays and unused leave.
- § 778.220 “Show-up” or “reporting” pay.
- § 778.221 “Call-back” pay.
- § 778.222 Other payments similar to “call-back” pay.
- § 778.223 Pay for non-productive hours distinguished.
- § 778.224 “Other similar payments”.
- 181 Talent Fees in the Radio and Television Industry
- § 778.225 Talent fees excludable under regulations.
- Subpart D Special Problems
- 182 Introductory
- § 778.300 Scope of subpart.
- 183 Change in the Beginning of the Workweek
- § 778.301 Overlapping when change of workweek is made.
- § 778.302 Computation of overtime due for overlapping workweeks.
- 184 Additional Pay for Past Period
- § 778.303 Retroactive pay increases.
- 185 How Deductions Affect the Regular Rate
- § 778.304 Amounts deducted from cash wages—general.
- § 778.305 Computation where particular types of deductions are made.
- § 778.306 Salary reductions in short workweeks.
- § 778.307 Disciplinary deductions.
- 186 Lump Sum Attributed to Overtime
- § 778.308 The overtime rate is an hourly rate.
- § 778.309 Fixed sum for constant amount of overtime.
- § 778.310 Fixed sum for varying amounts of overtime.
- § 778.311 Flat rate for special job performed in overtime hours.
- 187 “Task” Basis of Payment
- § 778.312 Pay for task without regard to actual hours.
- § 778.313 Computing overtime pay under the Act for employees compensated on task basis.
- § 778.314 Special situations.
- 188 Effect of Failure To Count or Pay for Certain Working Hours
- § 778.315 Payment for all hours worked in overtime workweek is required.
- § 778.316 Agreements or practices in conflict with statutory requirements are ineffective.
- § 778.317 Agreements not to pay for certain nonovertime hours.
- § 778.318 Productive and nonproductive hours of work.
- 189 Effect of Paying for But Not Counting Certain Hours
- § 778.319 Paying for but not counting hours worked.
- § 778.320 Hours that would not be hours worked if not paid for.
- 190 Reduction in Workweek Schedule With No Change in Pay
- § 778.321 Decrease in hours without decreasing pay—general.
- § 778.322 Reducing the fixed workweek for which a salary is paid.
- § 778.323 Effect if salary is for variable workweek.
- § 778.324 Effect on hourly rate employees.
- § 778.325 Effect on salary covering more than 40 hours' pay.
- § 778.326 Reduction of regular overtime workweek without reduction of take-home pay.
- § 778.327 Temporary or sporadic reduction in schedule.
- § 778.328 Plan for gradual permanent reduction in schedule.
- § 778.329 Alternating workweeks of different fixed lengths.
- 191 Prizes as Bonuses
- § 778.330 Prizes or contest awards generally.
- § 778.331 Awards for performance on the job.
- § 778.332 Awards for activities not normally part of employee's job.
- § 778.333 Suggestion system awards.
- Subpart E Exceptions From the Regular Rate Principles
- 192 Computing Overtime Pay on an “Established” Rate
- § 778.400 The provisions of section 7(g)(3) of the Act.
- § 778.401 Regulations issued under section 7(g)(3).
- 193 Guaranteed Compensation Which Includes Overtime Pay
- § 778.402 The statutory exception provided by section 7(f) of the Act.
- § 778.403 Constant pay for varying workweeks including overtime is not permitted except as specified in section 7(f).
- § 778.404 Purposes of exemption.
- § 778.405 What types of employees are affected.
- § 778.406 Nonovertime hours as well as overtime hours must be irregular if section 7(f) is to apply.
- § 778.407 The nature of the section 7(f) contract.
- § 778.408 The specified regular rate.
- § 778.409 Provision for overtime pay.
- § 778.410 The guaranty under section 7(f).
- § 778.411 Sixty-hour limit on pay guaranteed by contract.
- § 778.412 Relationship between amount guaranteed and range of hours employee may be expected to work.
- § 778.413 Guaranty must be based on rates specified in contract.
- § 778.414 “Approval” of contracts under section 7(f).
- 194 Computing Overtime Pay on the Rate Applicable to the Type of Work Performed in Overtime Hours (Secs. 7(g)(1) and (2))
- § 778.415 The statutory provisions.
- § 778.416 Purpose of provisions.
- § 778.417 General requirements of section 7(g).
- § 778.418 Pieceworkers.
- § 778.419 Hourly workers employed at two or more jobs.
- § 778.420 Combined hourly rates and piece rates.
- § 778.421 Offset hour for hour.
- Subpart F Pay Plans Which Circumvent the Act
- 195 Devices To Evade the Overtime Requirements
- § 778.500 Artificial regular rates.
- § 778.501 The “split-day” plan.
- 196 Pseudo-Bonuses
- § 778.502 Artificially labeling part of the regular wages a “bonus”.
- § 778.503 Pseudo “percentage bonuses.”
- Subpart G Miscellaneous
- § 778.600 Veterans' subsistence allowances.
- § 778.601 Special overtime provisions available for hospital and residential care establishments under section 7(j).
- § 778.602 Special overtime provisions under section 7(b).
- § 778.603 Special overtime provisions for certain employees receiving remedial education under section 7(q).
- PART 779 THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
- Subpart A General
- 253 Introductory
- § 779.0 Purpose of interpretative bulletin.
- § 779.1 General scope of the Act.
- § 779.2 Previous and new coverage.
- § 779.3 Pay standards for employees subject to previous coverage of the Act.
- § 779.4 Pay standards for newly covered employment.
- § 779.5 Matters discussed in this part.
- § 779.6 Matters discussed in other interpretative bulletins.
- 254 Interpretations of the Law
- § 779.7 Significance of official interpretations.
- § 779.8 Basic support for interpretations.
- § 779.9 Reliance on interpretations.
- § 779.10 Interpretations made, continued, and superseded by this part.
- 255 Some Basic Definitions
- § 779.11 General statement.
- § 779.12 Commerce.
- § 779.13 Production.
- § 779.14 Goods.
- § 779.15 Sale and resale.
- § 779.16 State.
- § 779.17 Wage and wage payments to tipped employees.
- § 779.18 Regular rate.
- § 779.19 Employer, employee, and employ.
- § 779.20 Person.
- § 779.21 Enterprise.
- § 779.22 Enterprise engaged in commerce or in the production of goods for commerce.
- § 779.23 Establishment.
- § 779.24 Retail or service establishment.
- Subpart B Employment to Which the Act May Apply: Basic Principles and Individual Coverage
- 256 General Principles
- § 779.100 Basic coverage in general.
- § 779.101 Guiding principles for applying coverage and exemption provisions.
- § 779.102 Scope of this subpart.
- 257 Employees Engaged in Commerce or in the Production of Goods for Commerce
- § 779.103 Employees “engaged in commerce.”
- § 779.104 Employees “engaged in the production of goods for commerce.”
- § 779.105 Employees engaged in activities “closely related” and “directly essential” to the production of goods for commerce.
- § 779.106 Employees employed by an independent employer.
- § 779.107 Goods defined.
- § 779.108 Goods produced for commerce.
- § 779.109 Amount of activities which constitute engaging in commerce or in the production of goods for commerce.
- § 779.110 Employees in retailing whose activities may bring them under the Act.
- § 779.111 Buyers and their assistants.
- § 779.112 Office employees.
- § 779.113 Warehouse and stock room employees.
- § 779.114 Transportation employees.
- § 779.115 Watchmen and guards.
- § 779.116 Custodial and maintenance employees.
- § 779.117 Salesmen and sales clerks.
- § 779.118 Employees providing central services for multi-unit organizations.
- § 779.119 Exempt occupations.
- Subpart C Employment to Which the Act May Apply; Enterprise Coverage
- 258 Enterprise; the Business Unit
- § 779.200 Coverage expanded by 1961 and 1966 amendments.
- § 779.201 The place of the term “enterprise” in the Act.
- § 779.202 Basic concepts of definition.
- § 779.203 Distinction between “enterprise,” “establishment,” and “employer.”
- § 779.204 Common types of “enterprise.”
- 259 Related Activities
- § 779.205 Enterprise must consist of “related activities.”
- § 779.206 What are “related activities.”
- § 779.207 Related activities in retail operations.
- § 779.208 Auxiliary activities which are “related activities.”
- § 779.209 Vertical activities which are “related activities.”
- § 779.210 Other activities which may be part of the enterprise.
- § 779.211 Status of activities which are not “related.”
- 260 Common Business Purpose
- § 779.212 Enterprise must consist of related activities performed for a “common business purpose.”
- § 779.213 What is a common business purpose.
- § 779.214 “Business” purpose.
- 261 Unified Operation or Common Control
- § 779.215 General scope of terms.
- § 779.216 Statutory construction of the terms.
- § 779.217 “Unified operation” defined.
- § 779.218 Methods to accomplish “unified operation.”
- § 779.219 Unified operation may be achieved without common control or common ownership.
- § 779.220 Unified operation may exist as to separately owned or controlled activities which are related.
- § 779.221 “Common control” defined.
- § 779.222 Ownership as factor.
- § 779.223 Control where ownership vested in individual or single organization.
- § 779.224 Common control in other cases.
- 262 Leased Departments, Franchise and Other Business Arrangements
- § 779.225 Leased departments.
- § 779.226 Exception for an independently owned retail or service establishment under certain franchise and other arrangements.
- § 779.227 Conditions which must be met for exception.
- § 779.228 Types of arrangements contemplated by exception.
- § 779.229 Other arrangements.
- § 779.230 Franchise and other arrangements.
- § 779.231 Franchise arrangements which do not create a larger enterprise.
- § 779.232 Franchise or other arrangements which create a larger enterprise.
- § 779.233 Independent contractors performing work “for” an enterprise.
- § 779.234 Establishments whose only regular employees are the owner or members of his immediate family.
- § 779.235 Other “enterprises.”
- 263 Covered Enterprises
- § 779.236 In general.
- § 779.237 Enterprise engaged in commerce or in the production of goods for commerce.
- § 779.238 Engagement in described activities determined on annual basis.
- § 779.239 Meaning of “engaged in commerce or in the production of goods for commerce.”
- 264 Employees Handling, Selling, or Otherwise Working on Goods That Have Been Moved in or Produced for Commerce by Any Person
- § 779.240 Employees “handling * * * or otherwise working on goods.”
- § 779.241 Selling.
- § 779.242 Goods that “have been moved in” commerce.
- § 779.243 Goods that have been “produced for commerce by any person.”
- 265 Covered Retail Enterprise
- § 779.244 “Covered enterprises” of interest to retailers of goods or services.
- § 779.245 Conditions for coverage of retail or service enterprises.
- 266 Interstate Inflow Test Under Prior Act
- § 779.246 Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.
- § 779.247 “Goods” defined.
- § 779.248 Purchase or receive “goods for resale.”
- § 779.249 Goods which move or have moved across State lines.
- § 779.250 Goods that have not lost their out-of-State identity.
- § 779.251 Goods that have lost their out-of-State identity.
- § 779.252 Not in deliveries from the reselling establishment.
- § 779.253 What is included in computing the total annual inflow volume.
- 267 The Gasoline Service Establishment Enterprise
- § 779.254 Summary of coverage and exemptions prior to and following the 1966 amendments.
- § 779.255 Meaning of “gasoline service establishment.”
- § 779.256 Conditions for enterprise coverage of gasoline service establishments.
- § 779.257 Exemption applicable to gasoline service establishments under the prior Act.
- 268 Annual Gross Volume of Sales Made or Business Done
- § 779.258 Sales made or business done.
- § 779.259 What is included in annual gross volume.
- § 779.260 Trade-in allowances.
- 269 Excise Taxes
- § 779.261 Statutory provision.
- § 779.262 Excise taxes at the retail level.
- § 779.263 Excise taxes not at the retail level.
- § 779.264 Excise taxes separately stated.
- 270 Computing The Annual Volume
- § 779.265 Basis for making computations.
- § 779.266 Methods of computing annual volume of sales or business.
- § 779.267 Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.
- § 779.268 Grace period of 1 month for computation.
- § 779.269 Computations for a new business.
- Subpart D Exemptions for Certain Retail or Service Establishments
- 271 General Principles
- § 779.300 Purpose of subpart.
- § 779.301 Statutory provisions.
- 272 “Establishment” Basis of Exemptions
- § 779.302 Exemptions depend on character of establishment.
- § 779.303 “Establishment” defined; distinguished from “enterprise” and “business.”
- § 779.304 Illustrations of a single establishment.
- § 779.305 Separate establishments on the same premises.
- § 779.306 Leased departments not separate establishments.
- § 779.307 Meaning and scope of “employed by” and “employee of.”
- § 779.308 Employed within scope of exempt business.
- § 779.309 Employed “in” but not “by.”
- § 779.310 Employees of employers operating multi-unit businesses.
- § 779.311 Employees working in more than one establishment of same employer.
- 273 Statutory Meaning of Retail or Service Establishment
- § 779.312 “Retail or service establishment”, defined in section 13(a)(2).
- § 779.313 Requirements summarized.
- 274 Making Sales of Goods and Services “Recognized as Retail”
- § 779.314 “Goods” and “services” defined.
- § 779.315 Traditional local retail or service establishments.
- § 779.316 Establishments outside “retail concept” not within statutory definition; lack first requirement.
- § 779.317 [Reserved]
- § 779.318 Characteristics and examples of retail or service establishments.
- § 779.319 A retail or service establishment must be open to general public.
- § 779.320 [Reserved]
- § 779.321 Inapplicability of “retail concept” to some types of sales or services of an eligible establishment.
- 275 “Recognized” as Retail “in the Particular Industry”
- § 779.322 Second requirement for qualifying as a “retail or service establishment.”
- § 779.323 Particular industry.
- § 779.324 Recognition “in.”
- § 779.325 Functions of the Secretary and the courts.
- § 779.326 Sources of information.
- § 779.327 Wholesale sales.
- § 779.328 Retail and wholesale distinguished.
- § 779.329 Effect of type of customer and type of goods or services.
- 276 Sales Not Made for Resale
- § 779.330 Third requirement for qualifying as a “retail or service establishment.”
- § 779.331 Meaning of sales “for resale.”
- § 779.332 Resale of goods in an altered form or as parts or ingredients of other goods or services.
- § 779.333 Goods sold for use as raw materials in other products.
- § 779.334 Sales of services for resale.
- § 779.335 Sales of building materials for residential or farm building construction.
- § 779.336 Sales of building materials for commercial property construction.
- 277 General Tests of Exemption Under Section 13(a)(2)
- § 779.337 Requirements of exemption summarized.
- § 779.338 Effect of 1961 and 1966 amendments.
- 278 Sales Made Within the State
- § 779.339 More than 50 percent intrastate sales required.
- § 779.340 Out-of-State customers.
- § 779.341 Sales “made within the State” and “engagement in commerce” distinguished.
- 279 Computing Annual Dollar Volume and Combination of Exemptions
- § 779.342 Methods of computing annual volume of sales.
- § 779.343 Combinations of exemptions.
- 280 Engaging in Manufacturing and Processing Activities; Section 13(a)(4)
- § 779.345 Exemption provided in section 13(a)(4).
- § 779.346 Requirements for exemption summarized.
- § 779.347 Exemption limited to “recognized retail establishment”; factories not exempt.
- § 779.348 Goods must be made at the establishment which sells them.
- § 779.349 The 85-percent requirement.
- § 779.350 The section 13(a)(4) exemption does not apply to service establishments.
- 281 Engaging in Contract Telegraph Agency Operations; Section 13(a)(11)
- § 779.351 Exemption provided.
- § 779.352 Requirements for exemption.
- 282 Classification of Sales and Establishments in Certain Industries
- § 779.353 Basis for classification.
- 283 Lumber and Building Materials Dealers
- § 779.354 Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.355 Classification of lumber and building materials sales.
- § 779.356 Application of exemptions to employees.
- 284 Coal Dealers
- § 779.357 May qualify as exempt 13(a)(2) establishments; classification of coal sales.
- 285 Ice Manufacturers and Ice Dealers
- § 779.358 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- 286 Liquefied-Petroleum-Gas and Fuel Oil Dealers
- § 779.359 May qualify as exempt 13(a)(2) establishments.
- § 779.360 Classification of liquefied-petroleum-gas sales.
- § 779.361 Classification of other fuel oil sales.
- 287 Feed Dealers
- § 779.362 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- 288 Monument Dealers
- § 779.363 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- 289 Frozen-Food Locker Plants
- § 779.364 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- 290 Automotive Tire Establishments
- § 779.365 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.366 Recapping or retreading tires for sale.
- 291 Commercial Stationers
- § 779.367 Commercial stationers may qualify as exempt 13(a)(2) establishments.
- § 779.368 Printing and engraving establishments not recognized as retail.
- 292 Funeral Homes
- § 779.369 Funeral home establishments may qualify as exempt 13(a)(2) establishments.
- 293 Cemeteries
- § 779.370 Cemeteries may qualify as exempt 13(a)(2) establishments.
- 294 Automobile, Truck and Farm Implement Sales and Services, and Trailer, Boat and Aircraft Sales
- § 779.371 Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).
- § 779.372 Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).
- 295 Other Establishments for Which Special Exceptions or Exemptions Are Provided
- § 779.381 Establishments within special exceptions or exemptions.
- 296 Hotels and Motels
- § 779.382 May qualify as exempt 13(a)(2) establishments.
- § 779.383 “Hotel” and “motel” exemptions under section 13(b)(8).
- 297 Motion Picture Theaters
- § 779.384 May qualify as exempt establishments.
- 298 Seasonal Amusement or Recreational Establishments
- § 779.385 May qualify as exempt establishments.
- 299 Restaurants and Establishments Providing Food And Beverage Service
- § 779.386 Restaurants may qualify as exempt 13(a)(2) establishments.
- § 779.387 “Restaurant” exemption under section 13(b) (8).
- § 779.388 Exemption provided for food or beverage service employees.
- Subpart E Provisions Relating to Certain Employees of Retail or Service Establishments
- 300 General Principles
- § 779.400 Purpose of subpart.
- 301 Executive, Administrative, and Professional Employees and Outside Salesmen
- § 779.401 Statutory provision.
- § 779.402 “Executive” and “administrative” employees defined.
- § 779.403 Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
- § 779.404 Other section 13(a)(1) employees employed in covered enterprises.
- 302 Students, Learners, and Handicapped Workers
- § 779.405 Statutory provisions.
- § 779.406 “Student-learners”.
- § 779.407 Learners other than “student-learners”.
- § 779.408 “Full-time students”.
- § 779.409 Handicapped workers.
- 303 Employees Compensated Principally by Commissions
- § 779.410 Statutory provision.
- § 779.411 Employee of a “retail or service establishment”.
- § 779.412 Compensation requirements for overtime pay exemption under section 7(i).
- § 779.413 Methods of compensation of retail store employees.
- § 779.414 Types of employment in which this overtime pay exemption may apply.
- § 779.415 Computing employee's compensation for the representative period.
- § 779.416 What compensation “represents commissions.”
- § 779.417 The “representative period” for testing employee's compensation.
- § 779.418 Grace period for computing portion of compensation representing commissions.
- § 779.419 Dependence of the section 7(i) overtime pay exemption upon the level of the employee's “regular rate” of pay.
- § 779.420 Recordkeeping requirements.
- § 779.421 Basic rate for computing overtime compensation of nonexempt employees receiving commissions.
- Subpart F Other Provisions Which May Affect Retail Enterprises
- 304 General
- § 779.500 Purpose of subpart.
- 305 Equal Pay Provisions
- § 779.501 Statutory provisions.
- 306 Child Labor Provisions
- § 779.502 Statutory provisions; regulations in part 1500 of this title.
- § 779.503 The retailer and section 12(a).
- § 779.504 The retailer and section 12(c).
- § 779.505 “Oppressive child labor” defined.
- § 779.506 Sixteen-year minimum.
- § 779.507 Fourteen-year minimum.
- § 779.508 Eighteen-year minimum.
- 307 Driver or Driver's Helper Making Local Deliveries
- § 779.509 Statutory provision.
- § 779.510 Conditions that must be met for section 13(b)(11) exemption.
- § 779.511 “Finding by Secretary.”
- 308 Records to be Kept by Employers
- § 779.512 The recordkeeping regulations.
- § 779.513 Order and form of records.
- § 779.514 Period for preserving records.
- § 779.515 Regulations should be consulted.
- PART 780 EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT
- Subpart A Introductory
- § 780.0 Purpose of interpretative bulletins in this part.
- § 780.1 General scope of the Act.
- § 780.2 Exemptions from Act's requirements.
- § 780.3 Exemptions discussed in this part.
- § 780.4 Matters not discussed in this part.
- § 780.5 Significance of official interpretations.
- § 780.6 Basic support for interpretations.
- § 780.7 Reliance on interpretations.
- § 780.8 Interpretations made, continued, and superseded by this part.
- § 780.9 Related exemptions are interpreted together.
- § 780.10 Workweek standard in applying exemptions.
- § 780.11 Exempt and nonexempt work during the same workweek.
- § 780.12 Work exempt under another section of the Act.
- Subpart B General Scope of Agriculture
- 355 Introductory
- § 780.100 Scope and significance of interpretative bulletin.
- § 780.101 Matters discussed in this subpart.
- § 780.102 Pay requirements for agricultural employees.
- § 780.103 “Agriculture” as defined by the Act.
- § 780.104 How modern specialization affects the scope of agriculture.
- § 780.105 “Primary” and “secondary” agriculture under section 3(f).
- 356 Exemption for “Primary” Agriculture Generally
- § 780.106 Employment in “primary” agriculture is farming regardless of why or where work is performed.
- 357 Farming in All Its Branches
- § 780.107 Scope of the statutory term.
- § 780.108 Listed activities.
- § 780.109 Determination of whether unlisted activities are “farming.”
- 358 Cultivation and Tillage of the Soil
- § 780.110 Operations included in “cultivation and tillage of the soil.”
- 359 Dairying
- § 780.111 “Dairying” as a farming operation.
- 360 Agricultural or Horticultural Commodities
- § 780.112 General meaning of “agriculture or horticultural commodities.”
- § 780.113 Seeds, spawn, etc.
- § 780.114 Wild commodities.
- § 780.115 Forest products.
- § 780.116 Commodities included by reference to the Agricultural Marketing Act.
- 361 “Production, Cultivation, Growing, and Harvesting” of Commodities
- § 780.117 “Production, cultivation, growing.”
- § 780.118 “Harvesting.”
- 362 Raising of Livestock, Bees, Fur-bearing Animals, or Poultry
- § 780.119 Employment in the specified operations generally.
- § 780.120 Raising of “livestock.”
- § 780.121 What constitutes “raising” of livestock.
- § 780.122 Activities relating to race horses.
- § 780.123 Raising of bees.
- § 780.124 Raising of fur-bearing animals.
- § 780.125 Raising of poultry in general.
- § 780.126 Contract arrangements for raising poultry.
- § 780.127 Hatchery operations.
- 363 Practices Exempt Under “Secondary” Meaning of Agriculture Generally
- § 780.128 General statement on “secondary” agriculture.
- § 780.129 Required relationship of practices to farming operations.
- 364 Practices Performed “By a Farmer”
- § 780.130 Performance “by a farmer” generally.
- § 780.131 Operations which constitute one a “farmer.”
- § 780.132 Operations must be performed “by” a farmer.
- § 780.133 Farmers' cooperative as a “farmer.”
- 365 Practices Performed “On a Farm”
- § 780.134 Performance “on a farm” generally.
- § 780.135 Meaning of “farm.”
- § 780.136 Employment in practices on a farm.
- “Such Farming Operation” of the Farmer
- § 780.137 Practices must be performed in connection with farmer's own farming.
- § 780.138 Application of the general principles.
- § 780.139 Pea vining.
- § 780.140 Place of performing the practice as a factor.
- “Such Farming Operations” On the Farm
- § 780.141 Practices must relate to farming operations on the particular farm.
- § 780.142 Practices on a farm not related to farming operations.
- § 780.143 Practices on a farm not performed for the farmer.
- 368 Performance of the Practice “As an Incident To or In Conjunction With” the Farming Operations
- § 780.144 “As an incident to or in conjunction with” the farming operations.
- § 780.145 The relationship is determined by consideration of all relevant factors.
- § 780.146 Importance of relationship of the practice to farming generally.
- § 780.147 Practices performed on farm products—special factors considered.
- 369 Practices Included When Performed as Provided in Section 3(f)
- § 780.148 “Any” practices meeting the requirements will qualify for exemption.
- § 780.149 Named practices as well as others must meet the requirements.
- 370 Preparation for Market
- § 780.150 Scope and limits of “preparation for market.”
- § 780.151 Particular operations on commodities.
- 371 Specified Delivery Operations
- § 780.152 General scope of specified delivery operations.
- § 780.153 Delivery “to storage.”
- § 780.154 Delivery “to market.”
- § 780.155 Delivery “to carriers for transportation to market.”
- 372 Transportation Operations Not Mentioned in Section 3(f)
- § 780.156 Transportation of farm products from the fields or farm.
- § 780.157 Other transportation incident to farming.
- 373 Other Unlisted Practices Which May Be Within Section 3(f)
- § 780.158 Examples of other practices within section 3(f) if requirements are met.
- § 780.159 Forest products.
- Subpart C Agriculture as It Relates to Specific Situations
- 374 Forestry or Lumbering Operations
- § 780.200 Inclusion of forestry or lumbering operations in agriculture is limited.
- § 780.201 Meaning of “forestry or lumbering operations.”
- § 780.202 Subordination to farming operations is necessary for exemption.
- § 780.203 Performance of operations on a farm but not by the farmer.
- § 780.204 Number of employees engaged in operations not material.
- 375 Nursery and Landscaping Operations
- § 780.205 Nursery activities generally.
- § 780.206 Planting and lawn mowing.
- § 780.207 Operations with respect to wild plants.
- § 780.208 Forest and Christmas tree activities.
- § 780.209 Packing, storage, warehousing, and sale of nursery products.
- 376 Hatchery Operations
- § 780.210 The typical hatchery operations constitute “agriculture.”
- § 780.211 Contract production of hatching eggs.
- § 780.212 Hatchery employees working on farms.
- § 780.213 Produce business.
- § 780.214 Feed sales and other activities.
- § 780.215 Meaning of forestry or lumbering operations.
- § 780.216 Nursery activities generally and Christmas tree production.
- § 780.217 Forestry activities.
- Subpart D Employment in Agriculture That Is Exempted From the Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6)
- 377 Statutory Provisions
- § 780.300 Statutory exemptions in section 13(a)(6).
- § 780.301 Other pertinent statutory provisions.
- § 780.302 Basic conditions of section 13 (a)(6)(A).
- § 780.303 Exemption applicable on employee basis.
- § 780.304 “Employed by an employer.”
- § 780.305 500 man-day provision.
- § 780.306 Calendar quarter of the preceding calendar year defined.
- § 780.307 Exemption for employer's immediate family.
- § 780.308 Definition of immediate family.
- § 780.309 Man-day exclusion.
- § 780.310 Exemption for local hand harvest laborers.
- § 780.311 Basic conditions of section 13(a)(6)(C).
- § 780.312 “Hand harvest laborer” defined.
- § 780.313 Piece rate basis.
- § 780.314 Operations customarily * * * paid on a piece rate basis * * *.
- § 780.315 Local hand harvest laborers.
- § 780.316 Thirteen week provision.
- § 780.317 Man-day exclusion.
- § 780.318 Exemption for nonlocal minors.
- § 780.319 Basic conditions of exemption.
- § 780.320 Nonlocal minors.
- § 780.321 Minors 16 years of age or under.
- § 780.322 Is employed on the same farm as his parent or persons standing in the place of his parent.
- § 780.323 Exemption for range production of livestock.
- § 780.324 Requirements for the exemption to apply.
- § 780.325 Principally engaged.
- § 780.326 On the range.
- § 780.327 Production of livestock.
- § 780.328 Meaning of livestock.
- § 780.329 Exempt work.
- § 780.330 Sharecroppers and tenant farmers.
- § 780.331 Crew leaders and labor contractors.
- § 780.332 Exchange of labor between farmers.
- Subpart E Employment in Agriculture or Irrigation That Is Exempted From the Overtime Pay Requirements Under Section 13(b)(12)
- § 780.400 Statutory provisions.
- § 780.401 General explanatory statement.
- § 780.402 The general guides for applying the exemption.
- § 780.403 Employee basis of exemption under section 13(b)(12).
- § 780.404 Activities of the employer considered in some situations.
- 378 The Irrigation Exemption
- § 780.405 Exemption is direct and does not mean activities are agriculture.
- § 780.406 Exemption is from overtime only.
- § 780.407 System must be nonprofit or operated on a share-crop basis.
- § 780.408 Facilities of system at least 90 percent of which was used for agricultural purposes.
- § 780.409 Employment “in connection with the operation or maintenance” is exempt.
- Subpart F Employment or Agricultural Employees in Processing Shade-Grown Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14)
- 379 Introductory
- § 780.500 Scope and significance of interpretative bulletin.
- § 780.501 Statutory provision.
- § 780.502 Legislative history of exemption.
- § 780.503 What determines the application of the exemption.
- 380 Requirements for Exemption
- § 780.504 Basic conditions of exemption.
- 381 Shade-Grown Tobacco
- § 780.505 Definition of “shade-grown tobacco.”
- § 780.506 Dependence of exemption on shade-grown tobacco operations.
- § 780.507 “Such tobacco.”
- § 780.508 Application of the exemption.
- § 780.509 Agriculture.
- § 780.510 “Any agricultural employee.”
- § 780.511 Meaning of “agricultural employee.”
- § 780.512 “Employed in the growing and harvesting.”
- § 780.513 What employment in growing and harvesting is sufficient.
- § 780.514 “Growing” and “harvesting.”
- 382 Exempt Processing
- § 780.515 Processing requirements of section 13(a)(14).
- § 780.516 “Prior to the stemming process.”
- § 780.517 “For use as Cigar-wrapper tobacco.”
- § 780.518 Exempt processing operations.
- § 780.519 General scope of exempt operations.
- § 780.520 Particular operations which may be exempt.
- § 780.521 Other processing operations.
- § 780.522 Nonprocessing employees.
- Subpart G Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption
- 383 Introductory
- § 780.600 Scope and significance of interpretative bulletin.
- § 780.601 Statutory provision.
- § 780.602 General explanatory statement.
- 384 Requirements for Exemption
- § 780.603 What determines application of exemption.
- § 780.604 General requirements.
- § 780.605 Employment in agriculture.
- § 780.606 Interpretation of term “agriculture.”
- § 780.607 “Primarily employed” in agriculture.
- § 780.608 “During his workweek.”
- § 780.609 Workweek unit in applying the exemption.
- § 780.610 Workweek exclusively in exempt work.
- § 780.611 Workweek exclusively in agriculture.
- § 780.612 Employment by a “farmer.”
- § 780.613 “By such farmer.”
- § 780.614 Definition of a farmer.
- § 780.615 Raising of livestock.
- § 780.616 Operations included in raising livestock.
- § 780.617 Adjunct livestock auction operations.
- § 780.618 “His own account”—“in conjunction with other farmers.”
- § 780.619 Work “in connection with” livestock auction operations.
- § 780.620 Minimum wage for livestock auction work.
- 385 Effect of Exemption
- § 780.621 No overtime wages in exempt week.
- Subpart H Employment by Small Country Elevators Within Area of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14)
- 386 Introductory
- § 780.700 Scope and significance of interpretative bulletin.
- § 780.701 Statutory provision.
- § 780.702 What determines application of the exemption.
- § 780.703 Basic requirements for exemption.
- 387 Establishment Commonly Recognized as a Country Elevator
- § 780.704 Dependence of exemption on nature of employing establishment.
- § 780.705 Meaning of “establishment.”
- § 780.706 Recognition of character of establishment.
- § 780.707 Establishments “commonly recognized” as country elevators.
- § 780.708 A country elevator is located near and serves farmers.
- § 780.709 Size and equipment of a country elevator.
- § 780.710 A country elevator may sell products and services to farmers.
- § 780.711 Exemption of mixed business applies only to country elevators.
- 388 Employment of “No More Than Five Employees”
- § 780.712 Limitation of exemption to establishments with five or fewer employees.
- § 780.713 Determining the number of employees generally.
- § 780.714 Employees employed “in such operations” to be counted.
- § 780.715 Counting employees “employed in the establishment.”
- 389 Employees “Employed * * * By” The Country Elevator Establishment
- § 780.716 Exemption of employees “employed * * * by” the establishment.
- § 780.717 Determining whether there is employment “by” the establishment.
- § 780.718 Employees who may be exempt.
- § 780.719 Employees not employed “by” the elevator establishment.
- 390 Employment “Within the Area of Production”
- § 780.720 “Area of production” requirement of exemption.
- 391 Workweek Application of Exemption
- § 780.721 Employment in the particular workweek as test of exemption.
- § 780.722 Exempt workweeks.
- § 780.723 Exempt and nonexempt employment.
- § 780.724 Work exempt under another section of the Act.
- Subpart I Employment in Ginning of Cotton and Processing of Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15)
- 392 Introductory
- § 780.800 Scope and significance of interpretative bulletin.
- § 780.801 Statutory provisions.
- § 780.802 What determines application of the exemption.
- § 780.803 Basic conditions of exemption; first part, ginning of cotton.
- 393 Ginning of Cotton for Market
- § 780.804 “Ginning” of cotton.
- § 780.805 Ginning of “cotton.”
- § 780.806 Exempt ginning limited to first processing.
- § 780.807 Cotton must be ginned “for market.”
- 394 Employees “Engaged in” Ginning
- § 780.808 Who may qualify for the exemption generally.
- § 780.809 Employees engaged in exempt operations.
- § 780.810 Employees not “engaged in” ginning.
- 395 County Where Cotton Is Grown in Commercial Quantities
- § 780.811 Exemption dependent upon place of employment generally.
- § 780.812 “County.”
- § 780.813 “County where cotton is grown.”
- § 780.814 “Grown in commercial quantities.”
- § 780.815 Basic conditions of exemption; second part, processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap.
- § 780.816 Processing of specific commodities.
- § 780.817 Employees engaged in processing.
- § 780.818 Employees not engaged in processing.
- § 780.819 Production must be of unrefined sugar or syrup.
- Subpart J Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)
- 396 Introductory
- § 780.900 Scope and significance of interpretative bulletin.
- § 780.901 Statutory provisions.
- § 780.902 Legislative history of exemption.
- § 780.903 General scope of exemption.
- § 780.904 What determines the exemption.
- § 780.905 Employers who may claim exemption.
- 397 Exempt Operations on Fruits or Vegetables
- § 780.906 Requisites for exemption generally.
- § 780.907 “Fruits or vegetables.”
- § 780.908 Relation of employee's work to specified transportation.
- § 780.909 “Transportation.”
- § 780.910 Engagement in transportation and preparation.
- § 780.911 Preparation for transportation.
- § 780.912 Exempt preparation.
- § 780.913 Nonexempt preparation.
- § 780.914 “From the farm.”
- § 780.915 “Place of first processing.”
- § 780.916 “Place of * * * first marketing.”
- § 780.917 “Within the same State.”
- 398 Exempt Transportation of Fruit or Vegetable Harvest Employees
- § 780.918 Requisites for exemption generally.
- § 780.919 Engagement “in transportation” of harvest workers.
- § 780.920 Workers transported must be fruit or vegetable harvest workers.
- § 780.921 Persons “employed or to be employed” in fruit or vegetable harvesting.
- § 780.922 “Harvesting” of fruits or vegetables.
- § 780.923 “Between the farm and any point within the same State.”
- Subpart K Employment of Home- workers in Making Wreaths; Exemption From Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d)
- 399 Introductory
- § 780.1000 Scope and significance of interpretative bulletin.
- § 780.1001 General explanatory statement.
- 400 Requirements for Exemption
- § 780.1002 Statutory requirements.
- § 780.1003 What determines the application of the exemption.
- § 780.1004 General requirements.
- § 780.1005 Homeworkers.
- § 780.1006 In or about a home.
- § 780.1007 Exemption is inapplicable if wreath-making is not in or about a home.
- § 780.1008 Examples of places not considered homes.
- § 780.1009 Wreaths.
- § 780.1010 Principally.
- § 780.1011 Evergreens.
- § 780.1012 Other evergreens.
- § 780.1013 Natural evergreens.
- § 780.1014 Harvesting.
- § 780.1015 Other forest products.
- § 780.1016 Use of evergreens and forest products.
- PART 782 EXEMPTION FROM MAXIMUM HOURS PROVISIONS FOR CERTAIN EMPLOYEES OF MOTOR CARRIERS
- § 782.0 Introductory statement.
- § 782.1 Statutory provisions considered.
- § 782.2 Requirements for exemption in general.
- § 782.3 Drivers.
- § 782.4 Drivers' helpers.
- § 782.5 Loaders.
- § 782.6 Mechanics.
- § 782.7 Interstate commerce requirements of exemption.
- § 782.8 Special classes of carriers.
- PART 783 APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES EMPLOYED AS SEAMEN
- 401 Introductory
- § 783.0 Purpose of this part.
- § 783.1 General scope of the Act.
- § 783.2 Matters discussed in this part.
- § 783.3 Significance of official interpretations.
- § 783.4 Basic support for interpretations.
- § 783.5 Interpretations made, continued, and superseded by this part.
- 402 Some Basic Definitions
- § 783.6 Definitions of terms used in the Act.
- § 783.7 “Employer”, “employee”, and “employ”.
- § 783.8 “Person”.
- § 783.9 “Enterprise”.
- § 783.10 “Establishment”.
- § 783.11 “Enterprise engaged in commerce or in the production of goods for commerce”.
- § 783.12 “Commerce”.
- § 783.13 “Production”.
- § 783.14 “Goods”.
- § 783.15 “State”.
- § 783.16 “Wage”.
- § 783.17 “American vessel”.
- 403 Application in General of the Act's Provisions
- § 783.18 Commerce activities of employees.
- § 783.19 Commerce activities of enterprises in which employee is employed.
- § 783.20 Exemptions from the Act's provisions.
- § 783.21 Guiding principles for applying coverage and exemption provisions.
- § 783.22 Pay standards for employees subject to “old” coverage of the Act.
- § 783.23 Pay standards for “newly covered” employees.
- 404 The Statutory Provisions Regarding Seamen
- § 783.24 The section 13(a)(14) exemption.
- § 783.25 The section 13(b)(6) exemption.
- § 783.26 The section 6(b)(2) minimum wage requirement.
- § 783.27 Scope of the provisions regarding “seamen”.
- 405 Legislative History and Judicial Construction of the Exemptions
- § 783.28 General legislative history.
- § 783.29 Adoption of the exemption in the original 1938 Act.
- § 783.30 The 1961 Amendments.
- 406 Who Is “Employed as a Seaman”
- § 783.31 Criteria for employment “as a seaman.”
- § 783.32 “Seaman” includes crew members.
- § 783.33 Employment “as a seaman” depends on the work actually performed.
- § 783.34 Employees aboard vessels who are not “seamen”.
- § 783.35 Employees serving as “watchmen” aboard vessels in port.
- § 783.36 Barge tenders.
- § 783.37 Enforcement policy for non-seaman's work.
- 407 What Is an “American Vessel”
- § 783.38 Statutory definition of “American vessel”.
- § 783.39 “Vessel” includes all means of water transportation.
- § 783.40 “Documented” vessel.
- § 783.41 “Numbered” vessel.
- § 783.42 Vessels neither “documented” nor “numbered”.
- 408 Computation of Wages and Hours
- § 783.43 Computation of seaman's minimum wage.
- § 783.44 Board and lodging as wages.
- § 783.45 Deductions from wages.
- § 783.46 Hours worked.
- § 783.47 Off-duty periods.
- 409 Application of the Exemptions
- § 783.48 Factors determining application of exemptions.
- § 783.49 Workweek unit in applying the exemptions.
- § 783.50 Work exempt under another section of the Act.
- § 783.51 Seamen on a fishing vessel.
- PART 784 PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING AND OPERATIONS ON AQUATIC PRODUCTS
- Subpart A General
- 423 Introductory
- § 784.0 Purpose.
- § 784.1 General scope of the Act.
- § 784.2 Matters discussed in this part.
- § 784.3 Matters discussed in other interpretations.
- § 784.4 Significance of official interpretations.
- § 784.5 Basic support for interpretations.
- § 784.6 Interpretations made, continued, and superseded by this part.
- 424 Some Basic Definitions
- § 784.7 Definition of terms used in the Act.
- § 784.8 “Employer,” “employee,” and “employ.”
- § 784.9 “Person.”
- § 784.10 “Enterprise.”
- § 784.11 “Establishment.”
- § 784.12 “Commerce.”
- § 784.13 “Production.”
- § 784.14 “Goods.”
- § 784.15 “State.”
- § 784.16 “Regular rate.”
- 425 Application of Coverage and Exemptions Provisions of the Act
- § 784.17 Basic coverage in general.
- § 784.18 Commerce activities of employees.
- § 784.19 Commerce activities of enterprise in which employee is employed.
- § 784.20 Exemptions from the Act's provisions.
- § 784.21 Guiding principles for applying coverage and exemption provisions.
- Subpart B Exemptions Provisions Relating to Fishing and Aquatic Products
- 426 The Statutory Provisions
- § 784.100 The section 13(a)(5) exemption.
- § 784.101 The section 13(b)(4) exemption.
- 427 Legislative History of Exemptions
- § 784.102 General legislative history.
- § 784.103 Adoption of the exemption in the original 1938 Act.
- § 784.104 The 1949 amendments.
- § 784.105 The 1961 amendments.
- 428 Principles Applicable to the Two Exemptions
- § 784.106 Relationship of employee's work to the named operations.
- § 784.107 Relationship of employee's work to operations on the specified aquatic products.
- § 784.108 Operations not included in named operations on forms of aquatic “life.”
- § 784.109 Manufacture of supplies for named operations is not exempt.
- § 784.110 Performing operations both on nonaquatic products and named aquatic products.
- § 784.111 Operations on named products with substantial amounts of other ingredients are not exempt.
- § 784.112 Substantial amounts of nonaquatic products; enforcement policy.
- § 784.113 Work related to named operations performed in off- or dead-season.
- § 784.114 Application of exemptions on a workweek basis.
- § 784.115 Exempt and noncovered work performed during the workweek.
- § 784.116 Exempt and nonexempt work in the same workweek.
- § 784.117 Combinations of exempt work.
- 429 General Character and Scope of the Section 13(a)(5) Exemption
- § 784.118 The exemption is intended for work affected by natural factors.
- § 784.119 Effect of natural factors on named operations.
- § 784.120 Application of exemption to “offshore” activities in general.
- § 784.121 Exempt fisheries operations.
- § 784.122 Operations performed as an integrated part of fishing.
- § 784.123 Operations performed on fishing equipment.
- § 784.124 Going to and returning from work.
- § 784.125 Loading and unloading.
- § 784.126 Operation of the fishing vessel.
- § 784.127 Office and clerical employees under section 13(a)(5).
- 430 First Processing, Canning, or Packing of Marine Products Under Section 13(a)(5)
- § 784.128 Requirements for exemption of first processing, etc., at sea.
- § 784.129 “Marine products”.
- § 784.130 “At sea.”
- § 784.131 “As an incident to, or in conjunction with”, fishing operations.
- § 784.132 The exempt operations.
- § 784.133 “First processing.”
- § 784.134 “Canning.”
- § 784.135 “Packing.”
- 431 General Character and Scope of the Section 13(a)(4) Exemption
- § 784.136 “Shore” activities exempted under section 13(b)(4).
- § 784.137 Relationship of exemption to exemption for “offshore” activities.
- § 784.138 Perishable state of the aquatic product as affecting exemption.
- § 784.139 Scope of exempt operations in general.
- § 784.140 Fabrication and handling of supplies for use in named operations.
- § 784.141 Examples of nonexempt employees.
- 432 “Canning”
- § 784.142 Meaning and scope of “canning” as used in section 13(b)(4).
- § 784.143 “Necessary preparatory operations.”
- § 784.144 Preliminary processing by the canner.
- § 784.145 Preliminary processing by another employer as part of “canning.”
- § 784.146 “Subsequent operations.”
- § 784.147 Employees “employed in” canning.
- 433 Processing, Freezing, and Curing
- § 784.148 General scope of processing, freezing, and curing activities.
- § 784.149 Typical operations that may qualify for exemption.
- § 784.150 Named operations performed on previously processed aquatic products.
- § 784.151 Operations performed after product is rendered nonperishable.
- § 784.152 Operations performed on byproducts.
- 434 Marketing, Storing, Packing for Shipment, and Distributing
- § 784.153 General scope of named operations.
- § 784.154 Relationship to other operations as affecting exemption.
- § 784.155 Activities performed in wholesale establishments.
- 435 Application of Section 13(b)(4) in Certain Establishments
- § 784.156 Establishments exclusively devoted to named operations.
- PART 785 HOURS WORKED
- Subpart A General Considerations
- § 785.1 Introductory statement.
- § 785.2 Decisions on interpretations; use of interpretations.
- § 785.3 Period of effectiveness of interpretations.
- § 785.4 Application to Walsh-Healey Public Contracts Act.
- Subpart B Principles for Determination of Hours Worked
- § 785.5 General requirements of sections 6 and 7 of the Fair Labor Standards Act.
- § 785.6 Definition of “employ” and partial definition of “hours worked”.
- § 785.7 Judicial construction.
- § 785.8 Effect of custom, contract, or agreement.
- § 785.9 Statutory exemptions.
- Subpart C Application of Principles
- § 785.10 Scope of subpart.
- 444 Employees “Suffered or Permitted” to Work
- § 785.11 General.
- § 785.12 Work performed away from the premises or job site.
- § 785.13 Duty of management.
- 445 Waiting Time
- § 785.14 General.
- § 785.15 On duty.
- § 785.16 Off duty.
- § 785.17 On-call time.
- 446 Rest and Meal Periods
- § 785.18 Rest.
- § 785.19 Meal.
- 447 Sleeping Time and Certain Other Activities
- § 785.20 General.
- § 785.21 Less than 24-hour duty.
- § 785.22 Duty of 24 hours or more.
- § 785.23 Employees residing on employer's premises or working at home.
- 448 Preparatory and Concluding Activities
- § 785.24 Principles noted in Portal-to-Portal Bulletin.
- § 785.25 Illustrative U.S. Supreme Court decisions.
- § 785.26 Section 3(o) of the Fair Labor Standards Act.
- 449 Lectures, Meetings and Training Programs
- § 785.27 General.
- § 785.28 Involuntary attendance.
- § 785.29 Training directly related to employee's job.
- § 785.30 Independent training.
- § 785.31 Special situations.
- § 785.32 Apprenticeship training.
- 450 Traveltime
- § 785.33 General.
- § 785.34 Effect of section 4 of the Portal-to-Portal Act.
- § 785.35 Home to work; ordinary situation.
- § 785.36 Home to work in emergency situations.
- § 785.37 Home to work on special one-day assignment in another city.
- § 785.38 Travel that is all in the day's work.
- § 785.39 Travel away from home community.
- § 785.40 When private automobile is used in travel away from home community.
- § 785.41 Work performed while traveling.
- 451 Adjusting Grievances, Medical Attention, Civic and Charitable Work, and Suggestion Systems
- § 785.42 Adjusting grievances.
- § 785.43 Medical attention.
- § 785.44 Civic and charitable work.
- § 785.45 Suggestion systems.
- Subpart D Recording Working Time
- § 785.46 Applicable regulations governing keeping of records.
- § 785.47 Where records show insubstantial or insignificant periods of time.
- § 785.48 Use of time clocks.
- Subpart E Miscellaneous Provisions
- § 785.49 Applicable provisions of the Fair Labor Standards Act.
- § 785.50 Section 4 of the Portal-to-Portal Act.
- PART 786 MISCELLANEOUS EXEMPTIONS AND EXCLUSIONS FROM COVERAGE
- Subpart A Carriers by Air
- § 786.1 Enforcement policy concerning performance of nonexempt work.
- B Subpart B [Reserved]
- Subpart C Switchboard Operator Exemption
- § 786.100 Enforcement policy concerning performance of nonexempt work.
- Subpart D Employers Subject to Part 1 of Interstate Commerce Act
- § 786.150 Enforcement policy concerning performance of nonexempt work.
- Subpart E Taxicab Operators
- § 786.200 Enforcement policy concerning performance of nonexempt work.
- Subpart F Newspaper Publishing
- § 786.250 Enforcement policy.
- Subpart G Youth Opportunity Wage
- § 786.300 Application of the youth opportunity wage.
- Subpart H Volunteers at Private Non-Profit Food Banks
- § 786.350 Exclusion from definition of “employee” of volunteers at private non-profit food banks.
- PART 788 FORESTRY OR LOGGING OPERATIONS IN WHICH NOT MORE THAN EIGHT EMPLOYEES ARE EMPLOYED
- § 788.1 Statutory provisions.
- § 788.2 Matters not discussed in this part.
- § 788.3 Purpose of this part.
- § 788.4 Significance of official interpretations.
- § 788.5 Reliance on official interpretations.
- § 788.6 Scope of the section 13(a)(13) exemption.
- § 788.7 “Planting or tending trees.”
- § 788.8 “Cruising, surveying, or felling timber.”
- § 788.9 “Preparing * * * logs.”
- § 788.10 “Preparing * * * other forestry products.”
- § 788.11 “Transporting [such] products to the mill, processing plant, railroad, or other transportation terminal.”
- § 788.12 Limitation of exemption to specific operations in which “number of employees * * * does not exceed eight.”
- § 788.13 Counting the eight employees.
- § 788.14 Number employed in other than specified operations.
- § 788.15 Multiple crews.
- § 788.16 Employment relationship.
- § 788.17 Employees employed in both exempt and nonexempt work.
- § 788.18 Preparing other forestry products.
- PART 789 GENERAL STATEMENT ON THE PROVISIONS OF SECTION 12(a) AND SECTION 15(a)(1) OF THE FAIR LABOR STANDARDS ACT OF 1938, RELATING TO WRITTEN ASSURANCES
- § 789.0 Introductory statement.
- § 789.1 Statutory provisions and legislative history.
- § 789.2 “ * * * in reliance on written assurance from the producer * * *.”
- § 789.3 “* * * goods were produced in compliance with” * * * the requirements referred to.
- § 789.4 Scope and content of assurances of compliance.
- § 789.5 “* * * acquired * * * in good faith * * * for value without notice * * *.”
- PART 790 GENERAL STATEMENT AS TO THE EFFECT OF THE PORTAL-TO-PORTAL ACT OF 1947 ON THE FAIR LABOR STANDARDS ACT OF 1938
- 452 General
- § 790.1 Introductory statement.
- § 790.2 Interrelationship of the two acts.
- 453 Provisions Relating to Certain Activities Engaged in by Employees on or After May 14, 1947
- § 790.3 Provisions of the statute.
- § 790.4 Liability of employer; effect of contract, custom, or practice.
- § 790.5 Effect of Portal-to-Portal Act on determination of hours worked.
- § 790.6 Periods within the “workday” unaffected.
- § 790.7 “Preliminary” and “postliminary” activities.
- § 790.8 “Principal” activities.
- § 790.9 “Compensable * * * by an express provision of a written or nonwritten contract.”
- § 790.10 “Compensable * * * by a custom or practice.”
- § 790.11 Contract, custom or practice in effect “at the time of such activity.”
- § 790.12 “Portion of the day.”
- 454 Defense of Good Faith Reliance on Administrative Regulations, etc.
- § 790.13 General nature of defense.
- § 790.14 “In conformity with.”
- § 790.15 “Good faith.”
- § 790.16 “In reliance on.”
- § 790.17 “Administrative regulation, order, ruling, approval, or interpretation.”
- § 790.18 “Administrative practice or enforcement policy.”
- § 790.19 “Agency of the United States.”
- 455 Restrictions and Limitations on Employee Suits
- § 790.20 Right of employees to sue; restrictions on representative actions.
- § 790.21 Time for bringing employee suits.
- § 790.22 Discretion of court as to assessment of liquidated damages.
- 791 PART 791 [RESERVED]
- PART 793 EXEMPTION OF CERTAIN RADIO AND TELEVISION STATION EMPLOYEES FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(b)(9) OF THE FAIR LABOR STANDARDS ACT
- 456 Introductory
- § 793.0 Purpose of interpretative bulletin.
- § 793.1 Reliance upon interpretations.
- § 793.2 General explanatory statement.
- 457 Requirements for Exemption
- § 793.3 Statutory provision.
- § 793.4 General requirements for exemption.
- § 793.5 What determines application of the exemption.
- § 793.6 Exemption limited to employees in named occupations.
- § 793.7 “Announcer.”
- § 793.8 “News editor.”
- § 793.9 “Chief engineer.”
- § 793.10 Primary employment in named occupation.
- § 793.11 Combination announcer, news editor and chief engineer.
- § 793.12 Related and incidental work.
- § 793.13 Limitation on related and incidental work.
- § 793.14 Employed by.
- § 793.15 Duties away from the station.
- § 793.16 “Radio or television station.”
- § 793.17 “Major studio.”
- § 793.18 Location of “major studio.”
- 458 Workweek Application of Exemption
- § 793.19 Workweek is used in applying the exemption.
- § 793.20 Exclusive engagement in exempt work.
- § 793.21 Exempt and nonexempt work.
- PART 794 PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK PETROLEUM DISTRIBUTORS UNDER SECTION 7(b)(3) OF THE FAIR LABOR STANDARDS ACT
- Subpart A General
- § 794.1 General scope of the Act.
- § 794.2 Purpose of this part.
- § 794.3 Matters discussed in this part.
- § 794.4 Significance of official interpretations.
- § 794.5 Basic support for interpretations.
- § 794.6 Reliance on interpretations.
- § 794.7 Interpretations made, continued, and superseded by this part.
- Subpart B Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act
- 467 Scope and Application in General
- § 794.100 The statutory provision.
- § 794.101 Intended scope of exemption.
- § 794.102 Guides for construing exemptions.
- § 794.103 Dependence of exemption on engagement in described distribution.
- § 794.104 Enterprises engaged in described distribution and in other activities.
- § 794.105 Other requirements for exemption.
- 468 The “Enterprise”
- § 794.106 Statutory definition of “enterprise.”
- § 794.107 “Establishment” distinguished.
- § 794.108 Scope of enterprise must be known before exemption tests can be applied.
- § 794.109 Statutory basis for inclusion of activities in enterprise.
- § 794.110 Activities excluded from the enterprise by the statute.
- § 794.111 General characteristics of the statutory enterprise.
- 469 “Independently Owned and Controlled Local Enterprise”
- § 794.112 Only independent and local enterprises qualify for exemption.
- § 794.113 The enterprise must be “local.”
- § 794.114 The enterprise must be “independently owned and controlled.”
- § 794.115 “Independently owned.”
- § 794.116 “Independently * * * controlled.”
- § 794.117 Effect of franchises and other arrangements.
- § 794.118 Effect of unrelated activities.
- 470 Annual Gross Volume of Sales
- § 794.119 Dependence of exemption on sales volume of the enterprise.
- § 794.120 Meaning of “annual gross volume of sales.”
- § 794.121 Exclusion of excise taxes.
- § 794.122 Ascertainment of “annual” gross sales volume.
- § 794.123 Method of computing annual volume of sales.
- § 794.124 Computations on a fiscal year basis.
- § 794.125 Grace period of 1 month for compliance.
- § 794.126 Computations for a new business.
- 471 Sales Made Within the State
- § 794.127 Exemption conditioned on making 75 percent of sales within the State.
- § 794.128 Sales made to out-of-State customers.
- § 794.129 Sales “made within the State” not limited to noncovered activity.
- 472 Sales Made to Other Bulk Distributors
- § 794.130 Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum products for resale.
- § 794.131 “Customer * * * engaged in bulk distribution”.
- § 794.132 “Petroleum products”.
- § 794.133 “Bulk” distribution.
- § 794.134 Distribution “for resale.”
- 473 Application of Exemption to Employees
- § 794.135 Employees who are exempt.
- § 794.136 Employees whose activities may qualify them for exemption.
- § 794.137 Effect of activities other than “wholesale or bulk distribution of petroleum products.”
- § 794.138 Workweek unit in applying the exemption.
- § 794.139 Exempt and nonexempt activities in the workweek.
- § 794.140 Compensation requirements for a workweek under section 7(b)(3).
- § 794.141 Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements.
- § 794.142 Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek.
- § 794.143 Work exempt under another section of the Act.
- 474 Records to be Kept by Employers
- § 794.144 Records to be maintained.
- PART 795 EMPLOYEE OR INDEPENDENT CONTRACTOR CLASSIFICATION UNDER THE FAIR LABOR STANDARDS ACT
- § 795.100 Introductory statement.
- § 795.105 Determining employee or independent contractor classification under the FLSA.
- § 795.110 Economic reality test to determine economic dependence.
- § 795.115 Severability.
- SUBCHAPTER C OTHER LAWS
- PART 801 APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
- Subpart A General
- § 801.1 Purpose and scope.
- § 801.2 Definitions.
- § 801.3 Coverage.
- § 801.4 Prohibitions on lie detector use.
- § 801.5 Effect on other laws or agreements.
- § 801.6 Notice of protection.
- § 801.7 Authority of the Secretary.
- § 801.8 Employment relationship.
- Subpart B Exemptions
- § 801.10 Exclusion for public sector employers.
- § 801.11 Exemption for national defense and security.
- § 801.12 Exemption for employers conducting investigations of economic loss or injury.
- § 801.13 Exemption of employers authorized to manufacture, distribute, or dispense controlled substances.
- § 801.14 Exemption for employers providing security services.
- Subpart C Restrictions on Polygraph Usage Under Exemptions
- § 801.20 Adverse employment action under ongoing investigation exemption.
- § 801.21 Adverse employment action under security service and controlled substance exemptions.
- § 801.22 Rights of examinee—general.
- § 801.23 Rights of examinee—pretest phase.
- § 801.24 Rights of examinee—actual testing phase.
- § 801.25 Rights of examinee—post-test phase.
- § 801.26 Qualifications of and requirements for examiners.
- Subpart D Recordkeeping and Disclosure Requirements
- § 801.30 Records to be preserved for 3 years.
- § 801.35 Disclosure of test information.
- Subpart E Enforcement
- § 801.40 General.
- § 801.41 Representation of the Secretary.
- § 801.42 Civil money penalties—assessment.
- § 801.43 Civil money penalties—payment and collection.
- Subpart F Administrative Proceedings
- 482 General
- § 801.50 Applicability of procedures and rules.
- 483 Procedures Relating to Hearing
- § 801.51 Written notice of determination required.
- § 801.52 Contents of notice.
- § 801.53 Request for hearing.
- 484 Rules of Practice
- § 801.58 General.
- § 801.59 Service and computation of time.
- § 801.60 Commencement of proceeding.
- § 801.61 Designation of record.
- § 801.62 Caption of proceeding.
- 485 Referral for Hearing
- § 801.63 Referral to Administrative Law Judge.
- § 801.64 Notice of docketing.
- 486 Procedures Before Administrative Law Judge
- § 801.65 Appearances; representation of the Department of Labor.
- § 801.66 Consent findings and order.
- § 801.67 Decision and Order of Administrative Law Judge.
- 487 Modification or Vacation of Decision and Order of Administrative Law Judge
- § 801.68 Authority of the Secretary.
- § 801.69 Procedures for initiating review.
- § 801.70 Implementation by the Secretary.
- § 801.71 Filing and service.
- § 801.72 Responsibility of the Office of Administrative Law Judges.
- § 801.73 Final decision of the Secretary.
- 488 Record
- § 801.74 Retention of official record.
- § 801.75 Certification of official record.
- Appendix A to Part 801 Notice to Examinee
- PART 810 HIGH-WAGE COMPONENTS OF THE LABOR VALUE CONTENT REQUIREMENTS UNDER THE UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT
- Subpart A General
- § 810.1 Introduction.
- § 810.2 Purpose and scope.
- § 810.3 Definitions and use of terms.
- Subpart B Calculating the High-Wage Component of Material and Manufacturing Expenditures
- § 810.100 Scope and purpose of this subpart.
- § 810.105 Calculating the average hourly base wage rate.
- § 810.110 Examples of direct production work.
- § 810.115 Paid meal time and paid break time.
- § 810.120 Part-time, temporary, seasonal, and contract workers.
- § 810.125 Workers paid on a non-hourly basis.
- § 810.130 Executive, Management, Research and Development, Engineering, and Other Personnel.
- § 810.135 Interns, students, and trainees.
- § 810.140 High-wage transportation or related costs for shipping a high-wage part or material.
- § 810.145 Currency exchange.
- § 810.150 Adjustment of the average hourly base wage rate.
- Subpart C Calculating the High-Wage Technology Expenditures Credit
- § 810.200 High-wage technology expenditures credit.
- Subpart D Calculating the High-Wage Assembly Expenditures Credit
- § 810.300 High-wage assembly expenditures credit.
- Subpart E Certification Provisions
- § 810.400 Scope and purpose of this subpart.
- § 810.405 Certification.
- § 810.410 Administrator's review for omissions or errors.
- Subpart F Verification of the Labor Value Content's Wage Components
- § 810.500 Scope and purpose of this subpart.
- § 810.505 Scope of verification.
- § 810.510 Notice to a producer that a verification of compliance with labor value content requirements has been initiated.
- § 810.515 Conduct of verifications.
- § 810.520 Confidentiality.
- § 810.525 Notice provided to CBP regarding the Administrator's findings.
- § 810.530 Verification of labor value content compliance for producers subject to alternative staging regime.
- Subpart G Recordkeeping Requirements
- § 810.600 Recordkeeping requirements.
- Subpart H Administrative Review of the Department's Analysis and Findings
- § 810.700 Administrative review procedures.
- Subpart I Whistleblower Protections
- § 810.800 Prohibited acts.
- PART 825 THE FAMILY AND MEDICAL LEAVE ACT OF 1993
- Subpart A Coverage Under the Family and Medical Leave Act
- § 825.100 The Family and Medical Leave Act.
- § 825.101 Purpose of the Act.
- § 825.102 Definitions.
- § 825.103 [Reserved]
- § 825.104 Covered employer.
- § 825.105 Counting employees for determining coverage.
- § 825.106 Joint employer coverage.
- § 825.107 Successor in interest coverage.
- § 825.108 Public agency coverage.
- § 825.109 Federal agency coverage.
- § 825.110 Eligible employee.
- § 825.111 Determining whether 50 employees are employed within 75 miles.
- § 825.112 Qualifying reasons for leave, general rule.
- § 825.113 Serious health condition.
- § 825.114 Inpatient care.
- § 825.115 Continuing treatment.
- §§ 825.116-825.118 [Reserved]
- § 825.119 Leave for treatment of substance abuse.
- § 825.120 Leave for pregnancy or birth.
- § 825.121 Leave for adoption or foster care.
- § 825.122 Definitions of covered servicemember, spouse, parent, son or daughter, next of kin of a covered servicemember, adoption, foster care, son or daughter on covered active duty or call to covered active duty status, son or daughter of a covered servicemember, and parent of a covered servicemember.
- § 825.123 Unable to perform the functions of the position.
- § 825.124 Needed to care for a family member or covered servicemember.
- § 825.125 Definition of health care provider.
- § 825.126 Leave because of a qualifying exigency.
- § 825.127 Leave to care for a covered servicemember with a serious injury or illness (military caregiver leave).
- Subpart B Employee Leave Entitlements Under the Family and Medical Leave Act
- § 825.200 Amount of leave.
- § 825.201 Leave to care for a parent.
- § 825.202 Intermittent leave or reduced leave schedule.
- § 825.203 Scheduling of intermittent or reduced schedule leave.
- § 825.204 Transfer of an employee to an alternative position during intermittent leave or reduced schedule leave.
- § 825.205 Increments of FMLA leave for intermittent or reduced schedule leave.
- § 825.206 Interaction with the FLSA.
- § 825.207 Substitution of paid leave.
- § 825.208 [Reserved]
- § 825.209 Maintenance of employee benefits.
- § 825.210 Employee payment of group health benefit premiums.
- § 825.211 Maintenance of benefits under multi-employer health plans.
- § 825.212 Employee failure to pay health plan premium payments.
- § 825.213 Employer recovery of benefit costs.
- § 825.214 Employee right to reinstatement.
- § 825.215 Equivalent position.
- § 825.216 Limitations on an employee's right to reinstatement.
- § 825.217 Key employee, general rule.
- § 825.218 Substantial and grievous economic injury.
- § 825.219 Rights of a key employee.
- § 825.220 Protection for employees who request leave or otherwise assert FMLA rights.
- Subpart C Employee and Employer Rights and Obligations Under the Act
- § 825.300 Employer notice requirements.
- § 825.301 Designation of FMLA leave.
- § 825.302 Employee notice requirements for foreseeable FMLA leave.
- § 825.303 Employee notice requirements for unforeseeable FMLA leave.
- § 825.304 Employee failure to provide notice.
- § 825.305 Certification, general rule.
- § 825.306 Content of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member.
- § 825.307 Authentication and clarification of medical certification for leave taken because of an employee's own serious health condition or the serious health condition of a family member; second and third opinions.
- § 825.308 Recertifications for leave taken because of an employee's own serious health condition or the serious health condition of a family member.
- § 825.309 Certification for leave taken because of a qualifying exigency.
- § 825.310 Certification for leave taken to care for a covered servicemember (military caregiver leave).
- § 825.311 Intent to return to work.
- § 825.312 Fitness-for-duty certification.
- § 825.313 Failure to provide certification.
- Subpart D Enforcement Mechanisms
- § 825.400 Enforcement, general rules.
- § 825.401 Filing a complaint with the Federal Government.
- § 825.402 Violations of the posting requirement.
- § 825.403 Appealing the assessment of a penalty for willful violation of the posting requirement.
- § 825.404 Consequences for an employer when not paying the penalty assessment after a final order is issued.
- Subpart E Recordkeeping Requirements
- § 825.500 Recordkeeping requirements.
- Subpart F Special Rules Applicable to Employees of Schools
- § 825.600 Special rules for school employees, definitions.
- § 825.601 Special rules for school employees, limitations on intermittent leave.
- § 825.602 Special rules for school employees, limitations on leave near the end of an academic term.
- § 825.603 Special rules for school employees, duration of FMLA leave.
- § 825.604 Special rules for school employees, restoration to an equivalent position.
- Subpart G Effect of Other Laws, Employer Practices, and Collective Bargaining Agreements on Employee Rights Under FMLA
- § 825.700 Interaction with employer's policies.
- § 825.701 Interaction with State laws.
- § 825.702 Interaction with Federal and State anti-discrimination laws.
- Subpart H Special Rules Applicable to Airline Flight Crew Employees
- § 825.800 Special rules for airline flight crew employees, general.
- § 825.801 Special rules for airline flight crew employees, hours of service requirement.
- § 825.802 Special rules for airline flight crew employees, calculation of leave.
- § 825.803 Special rules for airline flight crew employees, recordkeeping requirements.
- SUBCHAPTER D GARNISHMENT OF EARNINGS
- PART 870 RESTRICTION ON GARNISHMENT
- Subpart A General
- § 870.1 Purpose and scope.
- § 870.2 Amendments to this part.
- Subpart B Determinations and Interpretations
- § 870.10 Maximum part of aggregate disposable earnings subject to garnishment under section 303(a).
- § 870.11 Exceptions to the restrictions provided by section 303(a) of the CCPA and priorities among garnishments.
- Subpart C Exemption for State-Regulated Garnishments
- § 870.50 General provision.
- § 870.51 Exemption policy.
- § 870.52 Application for exemption of State-regulated garnishments.
- § 870.53 Action upon an application for exemption.
- § 870.54 Standards governing the granting of an application for exemption.
- § 870.55 Terms and conditions of every exemption.
- § 870.56 Termination of exemption.
- § 870.57 Exemptions.
- 871-899 PARTS 871-899 [RESERVED]
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER IX CONSTRUCTION INDUSTRY COLLECTIVE BARGAINING COMMISSION
- 900 PART 900 [RESERVED]
- PART 901 POLICY STATEMENT ON COLLECTIVE BARGAINING DISPUTES AND APPLICABLE PROCEDURES
- § 901.1 Scope and application.
- § 901.2 Policy of Commission.
- § 901.3 Participation by Commission.
- § 901.4 Handling of disputes by Commission.
- § 901.5 Agreement to refrain from strike or lockout.
- § 901.6 Authority of Executive Director.
- § 901.7 Inquiries and correspondence with Commission.
- 902-999 PARTS 902-999 [RESERVED]
- CHAPTER X NATIONAL MEDIATION BOARD
- 1200 PART 1200 [RESERVED]
- PART 1201 DEFINITIONS
- § 1201.1 Carrier.
- § 1201.2 Exceptions.
- § 1201.3 Determination as to electric lines.
- § 1201.4 Employee.
- § 1201.5 Exceptions.
- § 1201.6 Representatives.
- PART 1202 RULES OF PROCEDURE
- § 1202.1 Mediation.
- § 1202.2 Interpretation of mediation agreements.
- § 1202.3 Representation disputes.
- § 1202.4 Secret ballot.
- § 1202.5 Rules to govern elections.
- § 1202.6 Access to carrier records.
- § 1202.7 Who may participate in elections.
- § 1202.8 Hearings on craft or class.
- § 1202.9 Appointment of arbitrators.
- § 1202.10 Appointment of referees.
- § 1202.11 Emergency boards.
- § 1202.12 National Air Transport Adjustment Board.
- § 1202.13 Air carriers.
- § 1202.14 Labor members of Adjustment Board.
- § 1202.15 Length of briefs in NMB hearing proceedings.
- PART 1203 APPLICATIONS FOR SERVICE
- § 1203.1 Mediation services.
- § 1203.2 Investigation of representation disputes.
- § 1203.3 Interpretation of mediation agreements.
- PART 1204 LABOR CONTRACTS
- § 1204.1 Making and maintaining contracts.
- § 1204.2 Arbitrary changing of contracts.
- § 1204.3 Filing of contracts.
- PART 1205 NOTICES IN RE: RAILWAY LABOR ACT
- § 1205.1 Handling of disputes.
- § 1205.2 Employees' Bill of Rights.
- § 1205.3 General Order No. 1.
- § 1205.4 Substantive rules.
- PART 1206 HANDLING REPRESENTATION DISPUTES UNDER THE RAILWAY LABOR ACT
- § 1206.1 Run-off elections.
- § 1206.2 Percentage of valid authorizations required to determine existence of a representation dispute.
- § 1206.3 Age of authorization cards.
- § 1206.4 Time limits on applications.
- § 1206.5 Decertification of representatives.
- § 1206.6 Eligibility of dismissed employees to vote.
- § 1206.7 Construction of this part.
- § 1206.8 Amendment or rescission of rules in this part.
- PART 1207 ESTABLISHMENT OF SPECIAL ADJUSTMENT BOARDS
- § 1207.1 Establishment of special adjustment boards (PL Boards).
- § 1207.2 Requests for Mediation Board action.
- § 1207.3 Compensation of neutrals.
- § 1207.4 Designation of PL Boards, filing of agreements, and disposition of records.
- PART 1208 AVAILABILITY OF INFORMATION
- § 1208.1 General provisions.
- § 1208.2 Requests for records or information under the Freedom of Information Act.
- § 1208.3 Proactive disclosure of information.
- § 1208.4 Material relating to representation function.
- § 1208.5 Material relating to mediation function.
- § 1208.6 Fees under the Freedom of Information Act.
- § 1208.7 Subpoenas and other requests for testimony and production of documents in legal proceedings where the NMB is not a party.
- PART 1209 PUBLIC OBSERVATION OF NATIONAL MEDIATION BOARD MEETINGS
- § 1209.01 Scope and purpose.
- § 1209.02 Definitions.
- § 1209.03 Conduct of National Mediation Board business.
- § 1209.04 Open meetings.
- § 1209.05 Closing of meetings; reasons therefor.
- § 1209.06 Action necessary to close meetings; record of votes.
- § 1209.07 Notice of meetings; public announcement and publication.
- § 1209.08 Transcripts, recordings or minutes of closed meetings; retention; public availability.
- § 1209.09 Requests for records under Freedom of Information Act.
- § 1209.10 Capacity of public observers.
- 1210-1299 PARTS 1210-1299 [RESERVED]
- CHAPTER XII FEDERAL MEDIATION AND CONCILIATION SERVICE
- PART 1400 STANDARDS OF CONDUCT, RESPONSIBILITIES, AND DISCIPLINE
- Subpart A General
- § 1400.735-3 Advice and counseling service.
- Subpart B Employees: Ethical and Other Conduct and Responsibilities
- § 1400.735-19 Influencing Members of Congress.
- § 1400.735-20 Code of Professional Conduct for FMCS Mediators.
- § 1400.735-21 Miscellaneous statutory provisions.
- Subpart F Disciplinary Actions and Penalties
- § 1400.735-60 Disciplinary actions.
- § 1400.735-61 Notice to and appeal of employee.
- PART 1401 PUBLIC INFORMATION
- Subpart A Information in Response to Subpoenas
- § 1401.1 Purpose and scope.
- § 1401.2 Production of records or testimony by FMCS employees.
- § 1401.3 Procedure in the event of a demand for production, disclosure, or testimony.
- Subpart B Production or Disclosure of Information
- § 1401.20 Purpose and scope.
- § 1401.21 Proactive disclosures and other disclosure requirements.
- § 1401.22 Requirements for making requests.
- § 1401.23 Responsibility for responding to requests.
- § 1401.24 Timing of responses to requests.
- § 1401.25 Responses to requests.
- § 1401.26 Confidential commercial information (“CCI”).
- § 1401.27 Appeals.
- § 1401.28 Preservation of records.
- § 1401.29 Fees.
- § 1401.30 Other rights and services.
- PART 1402 PROCEDURES OF THE SERVICE
- § 1402.1 Notice of dispute.
- PART 1403 FUNCTIONS AND DUTIES
- § 1403.1 Definitions.
- § 1403.2 Policies of the Federal Mediation and Conciliation Service.
- § 1403.3 Obtaining data on labor-management disputes.
- § 1403.4 Assignment of mediators.
- § 1403.5 Relations with State and local mediation agencies.
- PART 1404 ARBITRATION SERVICES
- Subpart A Arbitration Policy; Administration of Roster
- § 1404.1 Scope and authority.
- § 1404.2 Policy.
- § 1404.3 Administrative responsibilities.
- Subpart B Roster of Arbitrators; Admission and Retention
- § 1404.4 Roster and status of members.
- § 1404.5 Listing on the Roster, criteria for listing and removal, procedure for removal.
- § 1404.6 Inactive status.
- § 1404.7 Listing fee.
- Subpart C Procedures for Arbitration Services
- § 1404.8 Freedom of choice.
- § 1404.9 Procedures for requesting arbitration lists and panels.
- § 1404.10 Arbitrability.
- § 1404.11 Nominations of arbitrators.
- § 1404.12 Selection by parties and appointment of arbitrators.
- § 1404.13 Conduct of hearings.
- § 1404.14 Decision and award.
- § 1404.15 Fees and charges of arbitrators.
- § 1404.16 Reports and biographical sketches.
- Subpart D Expedited Arbitration
- § 1404.17 Policy.
- § 1404.18 Procedures for requesting expedited panels.
- § 1404.19 Arbitration process.
- PART 1405 PART-TIME EMPLOYMENT
- Subpart A General
- § 1405.1 Purpose.
- § 1405.2 Policy.
- § 1405.3 Definition.
- § 1405.4 Applicability.
- Subpart B Part-time Employment Program
- § 1405.6 Program coordination.
- § 1405.7 Goals and timetables.
- § 1405.8 Reporting.
- § 1405.9 Part-time employment practices.
- § 1405.10 Effect on employment ceilings.
- § 1405.11 Effect on employee benefits.
- PART 1406 FMCS TERMS OF SERVICE
- § 1406.1 General terms of service.
- § 1406.2 Terms of service for mediation, facilitation, and other alternative dispute resolution services.
- § 1406.3 Virtual services—additional terms of service.
- § 1406.4 Grievance mediation and Federal sector inter-agency agreement mediation —additional terms of service.
- § 1406.5 Training and outreach presentations.
- PART 1410 PRIVACY
- § 1410.1 Purpose and scope.
- § 1410.2 Definitions.
- § 1410.3 Individual access requests.
- § 1410.4 Requirements for identification of individuals making requests.
- § 1410.5 Special procedures: Medical records.
- § 1410.6 Requests for correction or amendment of records.
- § 1410.7 Agency review of refusal to amend a record.
- § 1410.8 Notation of dispute.
- § 1410.9 Fees.
- § 1410.10 Penalties.
- § 1410.11 Standards of review.
- § 1410.12 Specific exemptions.
- PART 1420 FEDERAL MEDIATION AND CONCILIATION SERVICE—ASSISTANCE IN THE HEALTH CARE INDUSTRY
- § 1420.1 Functions of the Service in health care industry bargaining under the Labor-Management Relations Act, as amended (hereinafter “the Act”).
- §§ 1420.2-1420.4 [Reserved]
- § 1420.5 Optional input of parties to Board of Inquiry selection.
- §§ 1420.6-1420.7 [Reserved]
- § 1420.8 FMCS deferral to parties' own private factfinding procedures.
- § 1420.9 FMCS deferral to parties' own private interest arbitration procedures.
- PART 1425 MEDIATION ASSISTANCE IN THE FEDERAL SERVICE
- § 1425.1 Definitions.
- § 1425.2 Notice to the Service of agreement negotiations.
- § 1425.3 Functions of the Service under title VII of the Civil Service Reform Act.
- § 1425.4 Duty of parties.
- § 1425.5 Referral to FSIP.
- § 1425.6 Use of third-party mediation assistance.
- PART 1430 FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES
- § 1430.1 Scope and purpose.
- § 1430.2 Definitions.
- § 1430.3 Establishment of advisory committees.
- § 1430.4 Filing of advisory committee charter.
- § 1430.5 Termination of advisory committees.
- § 1430.6 Renewal of advisory committees.
- § 1430.7 Application of the Freedom of Information Act to advisory committee functions.
- § 1430.8 Advisory committee meetings.
- § 1430.9 Agency management of advisory committees.
- PART 1440 ARBITRATION OF PESTICIDE DATA DISPUTES
- § 1440.1 Arbitration of pesticide data disputes.
- Appendix to Part 1440 FIFRA Arbitration Rules
- PART 1450 COLLECTIONS OF CLAIMS OWED THE UNITED STATES
- Subpart A General Provisions
- § 1450.1 Definitions.
- § 1450.2 Exceptions.
- § 1450.3 Use of procedures.
- § 1450.4 Conformance to law and regulations.
- § 1450.5 Other procedures.
- § 1450.6 Informal action.
- § 1450.7 Return of property.
- § 1450.8 Omissions not a defense.
- Subpart B Administrative Offset—Consumer Reporting Agencies—Contracting for Collection
- § 1450.9 Demand for payment.
- § 1450.10 Collection by administrative offset.
- § 1450.11 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund.
- § 1450.12 Collection in installments.
- § 1450.13 Exploration of compromise.
- § 1450.14 Suspending or termination collection action.
- § 1450.15 Referrals to the Department of Justice or the General Accounting Office.
- § 1450.16 Use of consumer reporting agencies.
- § 1450.17 Contracting for collection services.
- Subpart C Salary Offset
- § 1450.18 Purpose.
- § 1450.19 Scope.
- § 1450.20 Definitions.
- § 1450.21 Notification.
- § 1450.22 Hearing.
- § 1450.23 Deduction from pay.
- § 1450.24 Liquidation from final check or recovery from other payment.
- § 1450.25 Non-waiver of rights by payments.
- § 1450.26 Refunds.
- § 1450.27 Interest, penalties, and administrative costs.
- § 1450.28 Recovery when paying agency is not creditor agency.
- Subpart D Interest, Penalties, and Administrative Costs
- § 1450.29 Assessment.
- § 1450.30 Exemptions.
- § 1450.31 Other sanctions.
- PART 1470 UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
- Subpart A General
- § 1470.1 Purpose and scope of this part.
- § 1470.2 Scope of subpart.
- § 1470.3 Definitions.
- § 1470.4 Applicability.
- § 1470.5 Effect on other issuances.
- § 1470.6 Additions and exceptions.
- Subpart B Pre-Award Requirements
- § 1470.10 Forms for applying for grants.
- § 1470.11 State plans.
- § 1470.12 Special grant or subgrant conditions for “high-risk” grantees.
- Subpart C Post-Award Requirements
- 4 Financial Administration
- § 1470.20 Standards for financial management systems.
- § 1470.21 Payment.
- § 1470.22 Allowable costs.
- § 1470.23 Period of availability of funds.
- § 1470.24 Matching or cost sharing.
- § 1470.25 Program income.
- § 1470.26 Non-Federal audit.
- 5 Changes, Property, and Subawards
- § 1470.30 Changes.
- § 1470.31 Real property.
- § 1470.32 Equipment.
- § 1470.33 Supplies.
- § 1470.34 Copyrights.
- § 1470.35 Subawards to debarred and suspended parties.
- § 1470.36 Procurement.
- § 1470.37 Subgrants.
- 6 Reports, Records Retention, and Enforcement
- § 1470.40 Monitoring and reporting program performance.
- § 1470.41 Financial reporting.
- § 1470.42 Retention and access requirements for records.
- § 1470.43 Enforcement.
- § 1470.44 Termination for convenience.
- Subpart D After-The-Grant Requirements
- § 1470.50 Closeout.
- § 1470.51 Later disallowances and adjustments.
- § 1470.52 Collection of amounts due.
- Subpart E Entitlements [Reserved]
- PART 1471 GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
- § 1471.25 How is this part organized?
- § 1471.50 How is this part written?
- § 1471.75 Do terms in this part have special meanings?
- Subpart A General
- § 1471.100 What does this part do?
- § 1471.105 Does this part apply to me?
- § 1471.110 What is the purpose of the nonprocurement debarment and suspension system?
- § 1471.115 How does an exclusion restrict a person's involvement in covered transactions?
- § 1471.120 May we grant an exception to let an excluded person participate in a covered transaction?
- § 1471.125 Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
- § 1471.130 Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
- § 1471.135 May the Federal Mediation and Conciliation Service exclude a person who is not currently participating in a nonprocurement transaction?
- § 1471.140 How do I know if a person is excluded?
- § 1471.145 Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?
- Subpart B Covered Transactions
- § 1471.200 What is a covered transaction?
- § 1471.205 Why is it important if a particular transaction is a covered transaction?
- § 1471.210 Which nonprocurement transactions are covered transactions?
- § 1471.215 Which nonprocurement transactions are not covered transactions?
- § 1471.220 Are any procurement contracts included as covered transactions?
- § 1471.225 How do I know if a transaction in which I may participate is a covered transaction?
- Subpart C Responsibilities of Participants Regarding Transactions
- 10 Doing Business With Other Persons
- § 1471.300 What must I do before I enter into a covered transaction with another person at the next lower tier?
- § 1471.305 May I enter into a covered transaction with an excluded or disqualified person?
- § 1471.310 What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
- § 1471.315 May I use the services of an excluded person as a principal under a covered transaction?
- § 1471.320 Must I verify that principals of my covered transactions are eligible to participate?
- § 1471.325 What happens if I do business with an excluded person in a covered transaction?
- § 1471.330 What requirements must I pass down to persons at lower tiers with whom I intend to do business?
- Disclosing Information Primary Tier Participants
- § 1471.335 What information must I provide before entering into a covered transaction with the Federal Mediation and Conciliation Service?
- § 1471.340 If I disclose unfavorable information required under § 1471.335, will I be prevented from participating in the transaction?
- § 1471.345 What happens if I fail to disclose information required under § 1471.335?
- § 1471.350 What must I do if I learn of information required under § 1471.335 after entering into a covered transaction with the Federal Mediation and Conciliation Service?
- Disclosing Information Lower Tier Participants
- § 1471.355 What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
- § 1471.360 What happens if I fail to disclose the information required under § 1471.355?
- § 1471.365 What must I do if I learn of information required under § 1471.355 after entering into a covered transaction with a higher tier participant?
- Subpart D Responsibilities of FMCS Officials Regarding Transactions
- § 1471.400 May I enter into a transaction with an excluded or disqualified person?
- § 1471.405 May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
- § 1471.410 May I approve a participant's use of the services of an excluded person?
- § 1471.415 What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
- § 1471.420 May I approve a transaction with an excluded or disqualified person at a lower tier?
- § 1471.425 When do I check to see if a person is excluded or disqualified?
- § 1471.430 How do I check to see if a person is excluded or disqualified?
- § 1471.435 What must I require of a primary tier participant?
- § 1471.440 What method do I use to communicate those requirements to participants?
- § 1471.445 What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
- § 1471.450 What action may I take if a primary tier participant fails to disclose the information required under § 1471.335?
- § 1471.455 What may I do if a lower tier participant fails to disclose the information required under § 1471.355 to the next higher tier?
- Subpart E Excluded Parties List System
- § 1471.500 What is the purpose of the Excluded Parties List System (EPLS)?
- § 1471.505 Who uses the EPLS?
- § 1471.510 Who maintains the EPLS?
- § 1471.515 What specific information is in the EPLS?
- § 1471.520 Who places the information into the EPLS?
- § 1471.525 Whom do I ask if I have questions about a person in the EPLS?
- § 1471.530 Where can I find the EPLS?
- Subpart F General Principles Relating to Suspension and Debarment Actions
- § 1471.600 How do suspension and debarment actions start?
- § 1471.605 How does suspension differ from debarment?
- § 1471.610 What procedures does the Federal Mediation and Conciliation Service use in suspension and debarment actions?
- § 1471.615 How does the Federal Mediation and Conciliation Service notify a person of a suspension or debarment action?
- § 1471.620 Do Federal agencies coordinate suspension and debarment actions?
- § 1471.625 What is the scope of a suspension or debarment?
- § 1471.630 May the Federal Mediation and Conciliation Service impute conduct of one person to another?
- § 1471.635 May the Federal Mediation and Conciliation Service settle a debarment or suspension action?
- § 1471.640 May a settlement include a voluntary exclusion?
- § 1471.645 Do other Federal agencies know if the Federal Mediation and Conciliation Service agrees to a voluntary exclusion?
- Subpart G Suspension
- § 1471.700 When may the suspending official issue a suspension?
- § 1471.705 What does the suspending official consider in issuing a suspension?
- § 1471.710 When does a suspension take effect?
- § 1471.715 What notice does the suspending official give me if I am suspended?
- § 1471.720 How may I contest a suspension?
- § 1471.725 How much time do I have to contest a suspension?
- § 1471.730 What information must I provide to the suspending official if I contest a suspension?
- § 1471.735 Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
- § 1471.740 Are suspension proceedings formal?
- § 1471.745 How is fact-finding conducted?
- § 1471.750 What does the suspending official consider in deciding whether to continue or terminate my suspension?
- § 1471.755 When will I know whether the suspension is continued or terminated?
- § 1471.760 How long may my suspension last?
- Subpart H Debarment
- § 1471.800 What are the causes for debarment?
- § 1471.805 What notice does the debarring official give me if I am proposed for debarment?
- § 1471.810 When does a debarment take effect?
- § 1471.815 How may I contest a proposed debarment?
- § 1471.820 How much time do I have to contest a proposed debarment?
- § 1471.825 What information must I provide to the debarring official if I contest a proposed debarment?
- § 1471.830 Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
- § 1471.835 Are debarment proceedings formal?
- § 1471.840 How is fact-finding conducted?
- § 1471.845 What does the debarring official consider in deciding whether to debar me?
- § 1471.850 What is the standard of proof in a debarment action?
- § 1471.855 Who has the burden of proof in a debarment action?
- § 1471.860 What factors may influence the debarring official's decision?
- § 1471.865 How long may my debarment last?
- § 1471.870 When do I know if the debarring official debars me?
- § 1471.875 May I ask the debarring official to reconsider a decision to debar me?
- § 1471.880 What factors may influence the debarring official during reconsideration?
- § 1471.885 May the debarring official extend a debarment?
- Subpart I Definitions
- § 1471.900 Adequate evidence.
- § 1471.905 Affiliate.
- § 1471.910 Agency.
- § 1471.915 Agent or representative.
- § 1471.920 Civil judgment.
- § 1471.925 Conviction.
- § 1471.930 Debarment.
- § 1471.935 Debarring official.
- § 1471.940 Disqualified.
- § 1471.945 Excluded or exclusion.
- § 1471.950 Excluded Parties List System
- § 1471.955 Indictment.
- § 1471.960 Ineligible or ineligibility.
- § 1471.965 Legal proceedings.
- § 1471.970 Nonprocurement transaction.
- § 1471.975 Notice.
- § 1471.980 Participant.
- § 1471.985 Person.
- § 1471.990 Preponderance of the evidence.
- § 1471.995 Principal.
- § 1471.1000 Respondent.
- § 1471.1005 State.
- § 1471.1010 Suspending official.
- § 1471.1015 Suspension.
- § 1471.1020 Voluntary exclusion or voluntarily excluded.
- J Subpart J [Reserved]
- PART 1472 GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)
- Subpart A Purpose and Coverage
- § 1472.100 What does this part do?
- § 1472.105 Does this part apply to me?
- § 1472.110 Are any of my Federal assistance awards exempt from this part?
- § 1472.115 Does this part affect the Federal contracts that I receive?
- Subpart B Requirements for Recipients Other Than Individuals
- § 1472.200 What must I do to comply with this part?
- § 1472.205 What must I include in my drug-free workplace statement?
- § 1472.210 To whom must I distribute my drug-free workplace statement?
- § 1472.215 What must I include in my drug-free awareness program?
- § 1472.220 By when must I publish my drug-free workplace statement and establish my drug-free awareness program?
- § 1472.225 What actions must I take concerning employees who are convicted of drug violations in the workplace?
- § 1472.230 How and when must I identify workplaces?
- Subpart C Requirements for Recipients Who Are Individuals
- § 1472.300 What must I do to comply with this part if I am an individual recipient?
- § 1472.301 [Reserved]
- Subpart D Responsibilities of FMCS Awarding Officials
- § 1472.400 What are my responsibilities as a(n) FMCS awarding official?
- Subpart E Violations of this Part and Consequences
- § 1472.500 How are violations of this part determined for recipients other than individuals?
- § 1472.505 How are violations of this part determined for recipients who are individuals?
- § 1472.510 What actions will the Federal Government take against a recipient determined to have violated this part?
- § 1472.515 Are there any exceptions to those actions?
- Subpart F Definitions
- § 1472.605 Award.
- § 1472.610 Controlled substance.
- § 1472.615 Conviction.
- § 1472.620 Cooperative agreement.
- § 1472.625 Criminal drug statute.
- § 1472.630 Debarment.
- § 1472.635 Drug-free workplace.
- § 1472.640 Employee.
- § 1472.645 Federal agency or agency.
- § 1472.650 Grant.
- § 1472.655 Individual.
- § 1472.660 Recipient.
- § 1472.665 State.
- § 1472.670 Suspension.
- 1473-1499 PARTS 1473-1499 [RESERVED]
- CHAPTER XIV EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
- PART 1600 EMPLOYEE RESPONSIBILITIES AND CONDUCT
- § 1600.101 Cross-reference to employee ethical conduct standards and financial disclosure regulations.
- PART 1601 PROCEDURAL REGULATIONS
- § 1601.1 Purpose.
- Subpart A Definitions
- § 1601.2 Terms defined in title VII of the Civil Rights Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act.
- § 1601.3 Other definitions.
- § 1601.4 Vice Chair's functions.
- § 1601.5 District; field; area; local authority.
- Subpart B Procedure for the Prevention of Unlawful Employment Practices
- § 1601.6 Submission of information.
- § 1601.7 Charges by or on behalf of persons claiming to be aggrieved.
- § 1601.8 Where to make a charge.
- § 1601.9 Form of charge.
- § 1601.10 Withdrawal of a charge by a person claiming to be aggrieved.
- § 1601.11 Charges by members of the Commission.
- § 1601.12 Contents of charge; amendment of charge.
- § 1601.13 Filing; deferrals to State and local agencies.
- § 1601.14 Service of charge or notice of charge.
- 17 Investigation of a Charge
- § 1601.15 Investigative authority.
- § 1601.16 Access to and production of evidence; testimony of witnesses; procedure and authority.
- § 1601.17 Witnesses for public hearings.
- 18 Procedure Following Filing of a Charge
- § 1601.18 Dismissal: Procedure and authority.
- § 1601.19 No cause determinations: Procedure and authority.
- § 1601.20 Negotiated settlement.
- § 1601.21 Reasonable cause determination: Procedure and authority.
- § 1601.22 Confidentiality.
- 19 Procedure To Rectify Unlawful Employment Practices
- § 1601.23 Preliminary or temporary relief.
- § 1601.24 Conciliation: Procedure and authority.
- § 1601.25 Failure of conciliation; notice.
- § 1601.26 Confidentiality of endeavors.
- 20 Procedure Concerning the Institution of Civil Actions
- § 1601.27 Civil actions by the Commission.
- § 1601.28 Notice of right to sue: Procedure and authority.
- § 1601.29 Referral to the Attorney General.
- Subpart C Notices to Employees, Applicants for Employment and Union Members
- § 1601.30 Notices to be posted.
- Subpart D Construction of Rules
- § 1601.34 Rules to be liberally construed.
- Subpart E Issuance, Amendment, or Repeal of Rules
- § 1601.35 Petitions.
- § 1601.36 Action on petition.
- F Subpart F [Reserved]
- Subpart G FEP Agency Designation Procedures
- § 1601.70 FEP agency qualifications.
- § 1601.71 FEP agency notification.
- §§ 1601.72-1601.74 [Reserved]
- § 1601.75 Certification of designated FEP agencies.
- § 1601.76 Right of party to request review.
- § 1601.77 Review by the Commission.
- § 1601.78 Evaluation of designated FEP agencies certified by the Commission.
- § 1601.79 Revocation of certification.
- § 1601.80 [Reserved]
- Subpart H Title VII Interpretations and Opinions by the Commission
- § 1601.91 Request for title VII interpretation or opinion.
- § 1601.92 Contents of request; where to file.
- § 1601.93 Opinions—title VII.
- PART 1602 RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII, THE ADA, GINA, AND THE PWFA
- Subpart A General
- § 1602.1 Purpose and scope.
- §§ 1602.2-1602.6 [Reserved]
- Subpart B Employer Information Report
- § 1602.7 Requirement for filing of report.
- § 1602.8 Penalty for making of willfully false statements on report.
- § 1602.9 Commission's remedy for employer's failure to file report.
- § 1602.10 [Reserved]
- § 1602.11 Additional reporting requirements.
- Subpart C Recordkeeping by Employers
- § 1602.12 Records to be made or kept.
- § 1602.13 Records as to racial or ethnic identity of employees.
- § 1602.14 Preservation of records made or kept.
- Subpart D Apprenticeship Information Report
- § 1602.15 Requirement for filing and preserving copy of report.
- § 1602.16 Penalty for making of willfully false statements on report.
- § 1602.17 Commission's remedy for failure to file report.
- § 1602.18 [Reserved]
- § 1602.19 Additional reporting requirements.
- Subpart E Apprenticeship Recordkeeping
- § 1602.20 Records to be made or kept.
- § 1602.21 Preservation of records made or kept.
- Subpart F Local Union Equal Employment Opportunity Report
- § 1602.22 Requirements for filing and preserving copy of report.
- § 1602.23 Penalty for making of willfully false statements on reports.
- § 1602.24 Commission's remedy for failure to file report.
- § 1602.25 [Reserved]
- § 1602.26 Additional reporting requirements.
- Subpart G Recordkeeping by Labor Organizations
- § 1602.27 Records to be made or kept.
- § 1602.28 Preservation of records made or kept.
- Subpart H Records and Inquiries as to Race, Color, National Origin, or Sex
- § 1602.29 Applicability of State or local law.
- Subpart I State and Local Governments Recordkeeping
- § 1602.30 Records to be made or kept.
- § 1602.31 Preservation of records made or kept.
- Subpart J State and Local Government Information Report
- § 1602.32 Requirement for filing and preserving copy of report.
- § 1602.33 Penalty for making of willfully false statements on report.
- § 1602.34 Commission's remedy for political jurisdiction's failure to file report.
- § 1602.35 [Reserved]
- § 1602.36 Schools exemption.
- § 1602.37 Additional reporting requirements.
- Subpart K Records and Inquiries as to Race, Color, National Origin, or Sex
- § 1602.38 Applicability of State or local law.
- Subpart L Elementary and Secondary School Systems, Districts, and Individual Schools Recordkeeping
- § 1602.39 Records to be made or kept.
- § 1602.40 Preservation of records made or kept.
- Subpart M Elementary-Secondary Staff Information Report
- § 1602.41 Requirement for filing and preserving copy of report.
- § 1602.42 Penalty for making of willfully false statements on report.
- § 1602.43 Commission's remedy for school systems' or districts' failure to file report.
- § 1602.44 [Reserved]
- § 1602.45 Additional reporting requirements.
- Subpart N Records and Inquiries as to Race, Color, National Origin, or Sex
- § 1602.46 Applicability of State or local law.
- Subpart O Recordkeeping for Institutions of Higher Education
- § 1602.47 Definition.
- § 1602.48 Records to be made or kept.
- § 1602.49 Preservation of records made or kept.
- Subpart P Higher Education Staff Information Report EEO-6
- § 1602.50 Requirement for filing and preserving copy of report.
- § 1602.51 Penalty for making of willfully false statements on report.
- § 1602.52 Commission's remedy for failure to file.
- § 1602.53 [Reserved]
- § 1602.54 Additional reporting requirements.
- Subpart Q Records and Inquiries as to Race, Color, National Origin, or Sex
- § 1602.55 Applicability of State or local law.
- Subpart R Investigation of Reporting or Recordkeeping Violations
- § 1602.56 Investigation of reporting or recordkeeping violations.
- Subpart S Exemption from Reporting Requirements
- § 1602.57 Procedures.
- § 1602.58 Consideration of exemption requests.
- PART 1603 PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991
- § 1603.100 Purpose.
- Subpart A Administrative Process
- § 1603.101 Coverage.
- § 1603.102 Filing a complaint.
- § 1603.103 Referral of complaints.
- § 1603.104 Service of the complaint.
- § 1603.105 Withdrawal of a complaint.
- § 1603.106 Computation of time generally and for timely receipt by the Commission.
- § 1603.107 Dismissals of complaints.
- § 1603.108 Settlement and alternative dispute resolution.
- § 1603.109 Investigations.
- Subpart B Hearings
- § 1603.201 Referral and scheduling for hearing.
- § 1603.202 Administrative law judge.
- § 1603.203 Unavailability or withdrawal of administrative law judges.
- § 1603.204 Ex parte communications.
- § 1603.205 Separation of functions.
- § 1603.206 Consolidation and severance of hearings.
- § 1603.207 Intervention.
- § 1603.208 Motions.
- § 1603.209 Filing and service.
- § 1603.210 Discovery.
- § 1603.211 Subpoenas.
- § 1603.212 Witness fees.
- § 1603.213 Interlocutory review.
- § 1603.214 Evidence.
- § 1603.215 Record of hearings.
- § 1603.216 Summary decision.
- § 1603.217 Decision of the administrative law judge.
- Subpart C Appeals
- § 1603.301 Appeal to the Commission.
- § 1603.302 Filing an appeal.
- § 1603.303 Briefs on appeal.
- § 1603.304 Commission decision.
- § 1603.305 Modification or withdrawal of Commission decision.
- § 1603.306 Judicial review.
- PART 1604 GUIDELINES ON DISCRIMINATION BECAUSE OF SEX
- § 1604.1 General principles.
- § 1604.2 Sex as a bona fide occupational qualification.
- § 1604.3 Separate lines of progression and seniority systems.
- § 1604.4 Discrimination against married women.
- § 1604.5 Job opportunities advertising.
- § 1604.6 Employment agencies.
- § 1604.7 Pre-employment inquiries as to sex.
- § 1604.8 Relationship of title VII to the Equal Pay Act.
- § 1604.9 Fringe benefits.
- § 1604.10 Employment policies relating to pregnancy and childbirth.
- § 1604.11 Sexual harassment.
- Appendix to Part 1604 Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
- PART 1605 GUIDELINES ON DISCRIMINATION BECAUSE OF RELIGION
- § 1605.1 “Religious” nature of a practice or belief.
- § 1605.2 Reasonable accommodation without undue hardship as required by section 701(j) of title VII of the Civil Rights Act of 1964.
- § 1605.3 Selection practices.
- Appendix A to §§ 1605.2 and 1605.3 Background Information
- PART 1606 GUIDELINES ON DISCRIMINATION BECAUSE OF NATIONAL ORIGIN
- § 1606.1 Definition of national origin discrimination.
- § 1606.2 Scope of title VII protection.
- § 1606.3 The national security exception.
- § 1606.4 The bona fide occupational qualification exception.
- § 1606.5 Citizenship requirements.
- § 1606.6 Selection procedures.
- § 1606.7 Speak-English-only rules.
- § 1606.8 Harassment.
- PART 1607 UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978)
- 21 General Principles
- § 1607.1 Statement of purpose.
- § 1607.2 Scope.
- § 1607.3 Discrimination defined: Relationship between use of selection procedures and discrimination.
- § 1607.4 Information on impact.
- § 1607.5 General standards for validity studies.
- § 1607.6 Use of selection procedures which have not been validated.
- § 1607.7 Use of other validity studies.
- § 1607.8 Cooperative studies.
- § 1607.9 No assumption of validity.
- § 1607.10 Employment agencies and employment services.
- § 1607.11 Disparate treatment.
- § 1607.12 Retesting of applicants.
- § 1607.13 Affirmative action.
- 22 Technical Standards
- § 1607.14 Technical standards for validity studies.
- 23 Documentation of Impact and Validity Evidence
- § 1607.15 Documentation of impact and validity evidence.
- 24 Definitions
- § 1607.16 Definitions.
- 25 Appendix
- § 1607.17 Policy statement on affirmative action (see section 13B).
- § 1607.18 Citations.
- 1608 PART 1608 [RESERVED]
- PART 1610 AVAILABILITY OF RECORDS
- Subpart A Production or Disclosure Under 5 U.S.C. 552
- § 1610.1 Definitions.
- § 1610.2 Statutory requirements.
- § 1610.3 Purpose and scope.
- § 1610.4 Public reference facilities and current index.
- § 1610.5 Request for records.
- § 1610.6 [Reserved]
- § 1610.7 Where to make request; form.
- § 1610.8 Authority to determine.
- § 1610.9 Responses: Timing.
- § 1610.10 Responses: Form and content.
- § 1610.11 Appeals to the legal counsel from initial denials.
- § 1610.13 Maintenance of files.
- § 1610.14 Waiver of user charges.
- § 1610.15 Schedule of fees and method of payment for services rendered.
- § 1610.16 [Reserved]
- § 1610.17 Exemptions.
- § 1610.18 Information to be disclosed.
- § 1610.19 Predisclosure notification procedures for confidential commercial information.
- § 1610.20 [Reserved]
- § 1610.21 Annual report.
- Subpart B Production in Response to Subpenas or Demands of Courts or Other Authorities
- § 1610.30 Purpose and scope.
- § 1610.32 Production prohibited unless approved by the Legal Counsel.
- § 1610.34 Procedure in the event of a demand for production or disclosure.
- § 1610.36 Procedure in the event of an adverse ruling.
- PART 1611 PRIVACY ACT REGULATIONS
- § 1611.1 Purpose and scope.
- § 1611.2 Definitions.
- § 1611.3 Procedures for requests pertaining to individual records in a record system.
- § 1611.4 Times, places, and requirements for identification of individuals making requests.
- § 1611.5 Disclosure of requested information to individuals.
- § 1611.6 Special procedures: Medical records.
- § 1611.7 Request for correction or amendment to record.
- § 1611.8 Agency review of request for correction or amendment to record.
- § 1611.9 Appeal of initial adverse agency determination on correction or amendment.
- § 1611.10 Disclosure of record to person other than the individual to whom it pertains.
- § 1611.11 Fees.
- § 1611.12 Penalties.
- § 1611.13 Specific Exemptions—Charge and complaint files.
- § 1611.14 Exemptions—Office of Inspector General Files.
- § 1611.15 Exemption—EEOC Personnel Security Files.
- PART 1612 GOVERNMENT IN THE SUNSHINE ACT REGULATIONS
- § 1612.1 Purpose and scope.
- § 1612.2 Definitions.
- § 1612.3 Open meeting policy.
- § 1612.4 Exemptions to open meeting policy.
- § 1612.5 Closed meeting procedures: agency initiated requests.
- § 1612.6 Closed meeting procedures: request initiated by an interested person.
- § 1612.7 Public announcement of agency meetings.
- § 1612.8 Public announcement of changes in meetings.
- § 1612.9 Legal Counsel's certification in closing a meeting.
- § 1612.10 Recordkeeping requirements.
- § 1612.11 Public access to records.
- § 1612.12 Fees.
- § 1612.13 Meetings closed by regulation.
- § 1612.14 Judicial review.
- PART 1614 FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY
- Subpart A Agency Program To Promote Equal Employment Opportunity
- § 1614.101 General policy.
- § 1614.102 Agency program.
- § 1614.103 Complaints of discrimination covered by this part.
- § 1614.104 Agency processing.
- § 1614.105 Pre-complaint processing.
- § 1614.106 Individual complaints.
- § 1614.107 Dismissals of complaints.
- § 1614.108 Investigation of complaints.
- § 1614.109 Hearings.
- § 1614.110 Final action by agencies.
- Subpart B Provisions Applicable to Particular Complaints
- § 1614.201 Age Discrimination in Employment Act.
- § 1614.202 Equal Pay Act.
- § 1614.203 Rehabilitation Act.
- § 1614.204 Class complaints.
- Subpart C Related Processes
- § 1614.301 Relationship to negotiated grievance procedure.
- § 1614.302 Mixed case complaints.
- § 1614.303 Petitions to the EEOC from MSPB decisions on mixed case appeals and complaints.
- § 1614.304 Contents of petition.
- § 1614.305 Consideration procedures.
- § 1614.306 Referral of case to Special Panel.
- § 1614.307 Organization of Special Panel.
- § 1614.308 Practices and procedures of the Special Panel.
- § 1614.309 Enforcement of Special Panel decision.
- § 1614.310 Right to file a civil action.
- Subpart D Appeals and Civil Actions
- § 1614.401 Appeals to the Commission.
- § 1614.402 Time for appeals to the Commission.
- § 1614.403 How to appeal.
- § 1614.404 Appellate procedure.
- § 1614.405 Decisions on appeals.
- § 1614.406 Time limits. [Reserved]
- § 1614.407 Civil action: Title VII, Age Discrimination in Employment Act, Rehabilitation Act, Genetic Information Nondiscrimination Act, and Pregnant Workers Fairness Act.
- § 1614.408 Civil action: Equal Pay Act.
- § 1614.409 Effect of filing a civil action.
- Subpart E Remedies and Enforcement
- § 1614.501 Remedies and relief.
- § 1614.502 Compliance with final Commission decisions.
- § 1614.503 Enforcement of final Commission decisions.
- § 1614.504 Compliance with settlement agreements and final action.
- § 1614.505 Interim relief.
- Subpart F Matters of General Applicability
- § 1614.601 EEO group statistics.
- § 1614.602 Reports to the Commission.
- § 1614.603 Voluntary settlement attempts.
- § 1614.604 Filing and computation of time.
- § 1614.605 Representation and official time.
- § 1614.606 Joint processing and consolidation of complaints.
- § 1614.607 Delegation of authority.
- Subpart G Procedures Under the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act)
- § 1614.701 Purpose and scope.
- § 1614.702 Definitions.
- § 1614.703 Manner and format of data.
- § 1614.704 Information to be posted—all Federal agencies.
- § 1614.705 Comparative data—all Federal agencies.
- § 1614.706 Other data.
- § 1614.707 Data to be posted by EEOC.
- PART 1615 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND IN ACCESSIBILITY OF COMMISSION ELECTRONIC AND INFORMATION TECHNOLOGY
- § 1615.101 Purpose.
- § 1615.102 Application.
- § 1615.103 Definitions.
- §§ 1615.104-1615.110 [Reserved]
- § 1615.111 Notice.
- §§ 1615.112-1615.129 [Reserved]
- § 1615.130 General prohibitions against discrimination.
- §§ 1615.131-1615.134 [Reserved]
- § 1615.135 Electronic and information technology requirements.
- §§ 1615.136-1615.139 [Reserved]
- § 1615.140 Employment.
- §§ 1615.141-1615.148 [Reserved]
- § 1615.149 Program accessibility: Discrimination prohibited.
- § 1615.150 Program accessibility: Existing facilities.
- § 1615.151 Program accessibility: New construction and alterations.
- §§ 1615.152-1615.159 [Reserved]
- § 1615.160 Communications.
- §§ 1615.161-1615.169 [Reserved]
- § 1615.170 Compliance procedures.
- §§ 1615.171-1615.999 [Reserved]
- PART 1620 THE EQUAL PAY ACT
- § 1620.1 Basic applicability of the Equal Pay Act.
- § 1620.2 General coverage of employees “engaged in commerce.”
- § 1620.3 General coverage of employees “engaged in * * * the production of goods for commerce.”
- § 1620.4 “Closely related” and “directly essential” activities.
- § 1620.5 What goods are considered as “produced for commerce.”
- § 1620.6 Coverage is not based on amount of covered activity.
- § 1620.7 “Enterprise” coverage.
- § 1620.8 “Employer,” “employee,” and “employ” defined.
- § 1620.9 Meaning of “establishment.”
- § 1620.10 Meaning of “wages.”
- § 1620.11 Fringe benefits.
- § 1620.12 Wage “rate.”
- § 1620.13 “Equal Work”—What it means.
- § 1620.14 Testing equality of jobs.
- § 1620.15 Jobs requiring equal skill in performance.
- § 1620.16 Jobs requiring equal effort in performance.
- § 1620.17 Jobs requiring equal responsibility in performance.
- § 1620.18 Jobs performed under similar working conditions.
- § 1620.19 Equality of wages—application of the principle.
- § 1620.20 Pay differentials claimed to be based on extra duties.
- § 1620.21 Head of household.
- § 1620.22 Employment cost not a “factor other than sex.”
- § 1620.23 Collective bargaining agreements not a defense.
- § 1620.24 Time unit for determining violations.
- § 1620.25 Equalization of rates.
- § 1620.26 Red circle rates.
- § 1620.27 Relationship to the Equal Pay Act of title VII of the Civil Rights Act.
- § 1620.28 Relationship to other equal pay laws.
- § 1620.29 Relationship to other labor laws.
- § 1620.30 Investigations and compliance assistance.
- § 1620.31 Issuance of subpoenas.
- § 1620.32 Recordkeeping requirements.
- § 1620.33 Recovery of wages due; injunctions; penalties for willful violations.
- § 1620.34 Rules to be liberally construed.
- PART 1621 PROCEDURES—THE EQUAL PAY ACT
- § 1621.1 Purpose.
- § 1621.2 Definitions.
- § 1621.3 Procedure for requesting an opinion letter.
- § 1621.4 Effect of opinions and interpretations of the Commission.
- PART 1625 AGE DISCRIMINATION IN EMPLOYMENT ACT
- Subpart A Interpretations
- § 1625.1 Definitions.
- § 1625.2 Discrimination prohibited by the Act.
- § 1625.3 Employment agency.
- § 1625.4 Help wanted notices or advertisements.
- § 1625.5 Employment applications.
- § 1625.6 Bona fide occupational qualifications.
- § 1625.7 Differentiations based on reasonable factors other than age.
- § 1625.8 Bona fide seniority systems.
- § 1625.9 Prohibition of involuntary retirement.
- § 1625.10 Costs and benefits under employee benefit plans.
- § 1625.11 Exemption for employees serving under a contract of unlimited tenure.
- § 1625.12 Exemption for bona fide executive or high policymaking employees.
- Subpart B Substantive Regulations
- § 1625.21 Apprenticeship programs.
- § 1625.22 Waivers of rights and claims under the ADEA.
- § 1625.23 Waivers of rights and claims: Tender back of consideration.
- Subpart C Administrative Exemptions
- § 1625.30 Administrative exemptions; procedures.
- § 1625.31 Special employment programs.
- § 1625.32 Coordination of retiree health benefits with Medicare and State health benefits.
- PART 1626 PROCEDURES—AGE DISCRIMINATION IN EMPLOYMENT ACT
- § 1626.1 Purpose.
- § 1626.2 Terms defined in the Age Discrimination in Employment Act of 1967, as amended.
- § 1626.3 Other definitions.
- § 1626.4 Information concerning alleged violations of the Act.
- § 1626.5 Where to submit complaints and charges.
- § 1626.6 Form of charge.
- § 1626.7 Timeliness of charge.
- § 1626.8 Contents of charge; amendment of charge.
- § 1626.9 Referral to and from State agencies; referral States.
- § 1626.10 Agreements with State or local fair employment practices agencies.
- § 1626.11 Notice of charge.
- § 1626.12 Conciliation efforts pursuant to section 7(d) of the Act.
- § 1626.13 Withdrawal of charge.
- § 1626.14 Right to inspect or copy data.
- § 1626.15 Commission enforcement.
- § 1626.16 Subpoenas.
- § 1626.17 Notice of dismissal or termination.
- § 1626.18 Filing of private lawsuit.
- § 1626.19 Filing of Commission lawsuit.
- § 1626.20 Procedure for requesting an opinion letter.
- § 1626.21 Effect of opinions and interpretations of the Commission.
- § 1626.22 Rules to be liberally construed.
- PART 1627 RECORDS TO BE MADE OR KEPT RELATING TO AGE: NOTICES TO BE POSTED
- Subpart A General
- § 1627.1 Purpose and scope.
- Subpart B Records To Be Made or Kept Relating to Age; Notices To Be Posted
- § 1627.2 Forms of records.
- § 1627.3 Records to be kept by employers.
- § 1627.4 Records to be kept by employment agencies.
- § 1627.5 Records to be kept by labor organizations.
- § 1627.6 Availability of records for inspection.
- § 1627.7 Transcriptions and reports.
- §§ 1627.8-1627.9 [Reserved]
- § 1627.10 Notices to be posted.
- § 1627.11 Petitions for recordkeeping exceptions.
- Subpart D Statutory Exemption
- § 1627.17 Calculating the amount of qualified retirement benefits for purposes of the exemption for bona fide executives or high policymaking employees.
- PART 1630 REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT
- § 1630.1 Purpose, applicability, and construction.
- § 1630.2 Definitions.
- § 1630.3 Exceptions to the definitions of “Disability” and “Qualified Individual with a Disability.”
- § 1630.4 Discrimination prohibited.
- § 1630.5 Limiting, segregating, and classifying.
- § 1630.6 Contractual or other arrangements.
- § 1630.7 Standards, criteria, or methods of administration.
- § 1630.8 Relationship or association with an individual with a disability.
- § 1630.9 Not making reasonable accommodation.
- § 1630.10 Qualification standards, tests, and other selection criteria.
- § 1630.11 Administration of tests.
- § 1630.12 Retaliation and coercion.
- § 1630.13 Prohibited medical examinations and inquiries.
- § 1630.14 Medical examinations and inquiries specifically permitted.
- § 1630.15 Defenses.
- § 1630.16 Specific activities permitted.
- Appendix to Part 1630 Interpretive Guidance on Title I of the Americans With Disabilities Act
- PART 1635 GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008
- § 1635.1 Purpose.
- § 1635.2 Definitions—general.
- § 1635.3 Definitions specific to GINA.
- § 1635.4 Prohibited practices—in general.
- § 1635.5 Limiting, segregating, and classifying.
- § 1635.6 Causing a covered entity to discriminate.
- § 1635.7 Retaliation.
- § 1635.8 Acquisition of genetic information.
- § 1635.9 Confidentiality.
- § 1635.10 Enforcement and remedies.
- § 1635.11 Construction.
- § 1635.12 Medical information that is not genetic information.
- PART 1636 PREGNANT WORKERS FAIRNESS ACT
- § 1636.1 Purpose.
- § 1636.2 Definitions—general.
- § 1636.3 Definitions—specific to the PWFA.
- § 1636.4 Nondiscrimination with regard to reasonable accommodations related to pregnancy.
- § 1636.5 Remedies and enforcement.
- § 1636.6 Waiver of State immunity.
- § 1636.7 Relationship to other laws.
- § 1636.8 Severability.
- Appendix A to Part 1636 Interpretive Guidance on the Pregnant Workers Fairness Act
- PART 1640 PROCEDURES FOR COORDINATING THE INVESTIGATION OF COMPLAINTS OR CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY SUBJECT TO THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT OF 1973
- § 1640.1 Purpose and application.
- § 1640.2 Definitions.
- § 1640.3 Exchange of information.
- § 1640.4 Confidentiality.
- § 1640.5 Date of receipt.
- § 1640.6 Processing of complaints of employment discrimination filed with an agency other than the EEOC.
- § 1640.7 Processing of charges of employment discrimination filed with the EEOC.
- § 1640.8 Processing of complaints or charges of employment discrimination filed with both the EEOC and a section 504 agency.
- § 1640.9 Processing of complaints or charges of employment discrimination filed with a designated agency and either a section 504 agency, the EEOC, or both.
- § 1640.10 Section 504 agency review of deferred complaints.
- § 1640.11 EEOC review of deferred charges.
- § 1640.12 Standards.
- § 1640.13 Agency specific memoranda of understanding.
- PART 1641 PROCEDURES FOR COMPLAINTS/CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY FILED AGAINST EMPLOYERS HOLDING GOVERNMENT CONTRACTS OR SUBCONTRACTS
- § 1641.1 Purpose and application.
- § 1641.2 Exchange of information.
- § 1641.3 Confidentiality.
- § 1641.4 Standards for investigations, hearings, determinations and other proceedings.
- § 1641.5 Processing of complaints filed with OFCCP.
- § 1641.6 Processing of charges filed with EEOC.
- § 1641.7 Review of this part.
- § 1641.8 Definitions.
- PART 1650 DEBT COLLECTION
- Subpart A Procedures for the Collection of Debts by Salary Offset
- § 1650.101 Purpose.
- § 1650.102 Delegation of authority.
- § 1650.103 Scope.
- § 1650.104 Definitions.
- § 1650.105 Notice of Debt.
- § 1650.106 Right to inspect and copy records related to the debt.
- § 1650.107 Voluntary repayment agreements.
- § 1650.108 Waiver.
- § 1650.109 Hearing.
- § 1650.110 Implementation of salary offset.
- § 1650.111 Recovery from other payments due a separated employee.
- § 1650.112 Interest, penalties, and administrative costs.
- § 1650.113 Non-waiver of rights by payments.
- § 1650.114 Refunds.
- Subpart B Procedures for the Collection of Debts by Federal Tax Refund Offset
- § 1650.201 Purpose.
- § 1650.202 Past-due legally enforceable debt.
- § 1650.203 Notification of intent to collect.
- § 1650.204 Reasonable attempt to notify.
- § 1650.205 Consideration of evidence submitted as a result of notification of intent.
- § 1650.206 Notification to Treasury.
- § 1650.207 Administrative charges.
- Subpart C Procedures for Collection of Debts by Administrative Offset
- § 1650.301 Purpose and regulatory procedures for the collection of debts by administrative offset.
- Subpart D Procedures for the Collection of Debts by Administrative Wage Garnishment
- § 1650.401 Purpose and regulatory procedures for the collection of debts by administrative wage garnishment.
- PART 1690 PROCEDURES ON INTERAGENCY COORDINATION OF EQUAL EMPLOYMENT OPPORTUNITY ISSUANCES
- Subpart A General
- § 1690.101 Subject.
- § 1690.102 Purpose.
- § 1690.103 Supersession.
- § 1690.104 Authority.
- § 1690.105 Policy intent.
- § 1690.106 Scope.
- § 1690.107 Definitions.
- Subpart B Responsibilities
- § 1690.201 Responsibilities.
- Subpart C Policies and Procedures
- § 1690.301 Notification to EEOC during development of issuances.
- § 1690.302 Issuances proposed by EEOC.
- § 1690.303 Consultation with affected agencies.
- § 1690.304 Coordination of proposed issuance.
- § 1690.305 Nondisclosure of proposed issuances.
- § 1690.306 Formal submission in absence of consultation.
- § 1690.307 Temporary waivers.
- § 1690.308 Notice of unresolved disputes.
- § 1690.309 Interpretation of the Order.
- Subpart D Reporting Requirements
- § 1690.401 Reporting requirements.
- PART 1691 PROCEDURES FOR COMPLAINTS OF EMPLOYMENT DISCRIMINATION FILED AGAINST RECIPIENTS OF FEDERAL FINANCIAL ASSISTANCE
- § 1691.1 Purpose and application.
- § 1691.2 Exchange of information.
- § 1691.3 Confidentiality.
- § 1691.4 Standards for investigation, reviews and hearings.
- § 1691.5 Agency processing of complaints of employment discrimination.
- § 1691.6 General rules concerning EEOC action on complaints.
- § 1691.7 EEOC dismissals of complaints.
- § 1691.8 Agency action on complaints dismissed by EEOC.
- § 1691.9 EEOC reasonable cause determinations and conciliation efforts.
- § 1691.10 Agency enforcement of unresolved complaints.
- § 1691.11 EEOC negotiated settlements and conciliation agreements.
- § 1691.12 Interagency consultation.
- § 1691.13 Definitions.
- 1692-1694 PARTS 1692-1694 [RESERVED]
- PART 1695 GUIDANCE PROCEDURES
- § 1695.0 Applicability.
- § 1695.1 Definitions.
- § 1695.2 Guidance requirements.
- § 1695.3 Good faith cost estimates.
- § 1695.4 Significance determination.
- § 1695.5 Significant guidance requirements.
- § 1695.6 Notice and public comment.
- § 1695.7 Petitions.
- § 1695.8 Public access to current guidance documents.
- § 1695.9 Rescinded guidance.
- § 1695.10 No judicial review or enforceable rights.
- 1696-1899 PARTS 1696-1899 [RESERVED]
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER XVII OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
- 1900-1901 PARTS 1900-1901 [RESERVED]
- PART 1902 STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS
- Subpart A General
- § 1902.1 Purpose and scope.
- § 1902.2 General policies.
- Subpart B Criteria for State Plans
- § 1902.3 Specific criteria.
- § 1902.4 Indices of effectiveness.
- § 1902.5 Intergovernmental Cooperation Act of 1968.
- § 1902.6 Consultation with the National Institute for Occupational Safety and Health.
- § 1902.7 Injury and illness recording and reporting requirements.
- § 1902.8 Variations and variances.
- § 1902.9 Requirements for approval of State posters.
- Subpart C Procedures for Submission, Approval and Rejection of State Plans
- § 1902.10 Submission.
- 9 Procedure for Proposed or Possible Approval of Plan
- § 1902.11 General notice.
- § 1902.12 Opportunity for modifications and clarifications.
- § 1902.13 Informal hearing.
- § 1902.14 Formal hearing.
- § 1902.15 Certification of the record of a hearing.
- § 1902.16 Partial approval of State plans.
- 10 Procedure for Proposed or Possible Rejection of Plan
- § 1902.17 The proceeding.
- § 1902.18 Previous hearing or other opportunity for comment on plan.
- § 1902.19 Notice of hearing.
- 11 Decisions
- § 1902.20 Decision following informal proceeding.
- § 1902.21 Tentative decision following formal proceeding.
- § 1902.22 Final decision following formal proceeding.
- § 1902.23 Publication of decisions.
- Subpart D Procedures for Determinations Under section 18(e) of the Act
- 12 General
- § 1902.30 Purpose and scope.
- § 1902.31 Definitions.
- § 1902.32 General policies.
- Completion of Developmental Steps Certification
- § 1902.33 Developmental period.
- § 1902.34 Certification of completion of developmental steps.
- § 1902.35 Effect of certification.
- 14 Basis for 18(e) Determinations
- § 1902.36 General provisions.
- § 1902.37 Factors for determination.
- 15 Procedures for 18(e) Determination
- § 1902.38 Evaluation of plan following certification.
- § 1902.39 Completion of evaluation.
- § 1902.40 Informal hearing.
- § 1902.41 Decision.
- § 1902.42 Effect of affirmative 18(e) determination.
- § 1902.43 Affirmative 18(e) decision.
- § 1902.44 Requirements applicable to State plans granted affirmative 18(e) determinations.
- § 1902.45 [Reserved]
- § 1902.46 Negative 18(e) determination.
- 16 Procedure for Reconsideration and Revocation of an Affirmative 18(e) Determination
- § 1902.47 Reconsideration of an affirmative 18(e) determination.
- § 1902.48 The proceeding.
- § 1902.49 General notice.
- § 1902.50 Informal hearing.
- § 1902.51 Certification of the records of a hearing.
- § 1902.52 Decision.
- § 1902.53 Publication of decisions.
- PART 1903 INSPECTIONS, CITATIONS AND PROPOSED PENALTIES
- § 1903.1 Purpose and scope.
- § 1903.2 Posting of notice; availability of the Act, regulations and applicable standards.
- § 1903.3 Authority for inspection.
- § 1903.4 Objection to inspection.
- § 1903.5 Entry not a waiver.
- § 1903.6 Advance notice of inspections.
- § 1903.7 Conduct of inspections.
- § 1903.8 Representatives of employers and employees.
- § 1903.9 Trade secrets.
- § 1903.10 Consultation with employees.
- § 1903.11 Complaints by employees.
- § 1903.12 Inspection not warranted; informal review.
- § 1903.13 Imminent danger.
- § 1903.14 Citations; notices of de minimis violations; policy regarding employee rescue activities.
- § 1903.14a Petitions for modification of abatement date.
- § 1903.15 Proposed penalties.
- § 1903.16 Posting of citations.
- § 1903.17 Employer and employee contests before the Review Commission.
- § 1903.18 Failure to correct a violation for which a citation has been issued.
- § 1903.19 Abatement verification.
- § 1903.20 Informal conferences.
- § 1903.21 State administration.
- § 1903.22 Definitions.
- PART 1904 RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES
- Subpart A Purpose
- § 1904.0 Purpose.
- Subpart B Scope
- § 1904.1 Partial exemption for employers with 10 or fewer employees.
- § 1904.2 Partial exemption for establishments in certain industries.
- § 1904.3 Keeping records for more than one agency.
- Appendix A Non-Mandatory Appendix A to Subpart B of Part 1904—Partially Exempt Industries
- Subpart C Recordkeeping Forms and Recording Criteria
- § 1904.4 Recording criteria.
- § 1904.5 Determination of work-relatedness.
- § 1904.6 Determination of new cases.
- § 1904.7 General recording criteria.
- § 1904.8 Recording criteria for needlestick and sharps injuries.
- § 1904.9 Recording criteria for cases involving medical removal under OSHA standards.
- § 1904.10 Recording criteria for cases involving occupational hearing loss.
- § 1904.11 Recording criteria for work-related tuberculosis cases.
- §§ 1904.13-1904.28 [Reserved]
- § 1904.29 Forms.
- Subpart D Other OSHA Injury and Illness Recordkeeping Requirements
- § 1904.30 Multiple business establishments.
- § 1904.31 Covered employees.
- § 1904.32 Annual summary.
- § 1904.33 Retention and updating.
- § 1904.34 Change in business ownership.
- § 1904.35 Employee involvement.
- § 1904.36 Prohibition against discrimination.
- § 1904.37 State recordkeeping regulations.
- § 1904.38 Variances from the recordkeeping rule.
- Subpart E Reporting Fatality, Injury and Illness Information to the Government
- § 1904.39 Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA.
- § 1904.40 Providing records to government representatives.
- § 1904.41 Electronic submission of Employer Identification Number (EIN) and injury and illness records to OSHA.
- § 1904.42 Requests from the Bureau of Labor Statistics for data.
- Appendix A to Subpart E of Part 1904 Designated Industries for § 1904.41(a)(1)(i) Annual Electronic Submission of Information From OSHA Form 300A Summary of Work-Related Injuries and Illnesses by Establishments With 20-249 Employees in Designated Industries
- Appendix B to Subpart E of Part 1904 Designated Industries for § 1904.41(a)(2) Annual Electronic Submission of Information From OSHA Form 300 Log of Work-Related Injuries and Illnesses and OSHA Form 301 Injury and Illness Incident Report by Establishments With 100 or More Employees in Designated Industries
- Subpart F Transition From the Former Rule
- § 1904.43 Summary and posting of the 2001 data.
- § 1904.44 Retention and updating of old forms.
- § 1904.45 OMB control numbers under the Paperwork Reduction Act
- Subpart G Definitions
- § 1904.46 Definitions.
- PART 1905 RULES OF PRACTICE FOR VARIANCES, LIMITATIONS, VARIATIONS, TOLERANCES, AND EXEMPTIONS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
- Subpart A General
- § 1905.1 Purpose and scope.
- § 1905.2 Definitions.
- § 1905.3 Petitions for amendments to this part.
- § 1905.4 Amendments to this part.
- § 1905.5 Effect of variances.
- § 1905.6 Public notice of a granted variance, limitation, variation, tolerance, or exemption.
- § 1905.7 Form of documents; subscription; copies.
- Subpart B Applications for Variances, Limitations, Variations, Tolerances, Exemptions and Other Relief
- § 1905.10 Variances and other relief under section 6(b)(6)(A).
- § 1905.11 Variances and other relief under section 6(d).
- § 1905.12 Limitations, variations, tolerances, or exemptions under section 16.
- § 1905.13 Modification, revocation, and renewal of rules or orders.
- § 1905.14 Action on applications.
- § 1905.15 Requests for hearings on applications.
- § 1905.16 Consolidation of proceedings.
- Subpart C Hearings
- § 1905.20 Notice of hearing.
- § 1905.21 Manner of service.
- § 1905.22 Hearing examiners; powers and duties.
- § 1905.23 Prehearing conferences.
- § 1905.24 Consent findings and rules or orders.
- § 1905.25 Discovery.
- § 1905.26 Hearings.
- § 1905.27 Decisions of hearing examiners.
- § 1905.28 Exceptions.
- § 1905.29 Transmission of record.
- § 1905.30 Decision of the Assistant Secretary.
- Subpart D Summary Decisions
- § 1905.40 Motion for summary decision.
- § 1905.41 Summary decision.
- Subpart E Effect of Initial Decisions
- § 1905.50 Effect of appeal of a hearing examiner's decision.
- § 1905.51 Finality for purposes of judicial review.
- PART 1906 ADMINISTRATION WITNESSES AND DOCUMENTS IN PRIVATE LITIGATION [RESERVED]
- PART 1908 CONSULTATION AGREEMENTS
- § 1908.1 Purpose and scope.
- § 1908.2 Definitions.
- § 1908.3 Eligibility and funding.
- § 1908.4 Offsite consultation.
- § 1908.5 Requests and scheduling for onsite consultation.
- § 1908.6 Conduct of a visit.
- § 1908.7 Relationship to enforcement.
- § 1908.8 Consultant specifications.
- § 1908.9 Monitoring and evaluation.
- § 1908.10 Cooperative Agreements.
- § 1908.11 Exclusions.
- PART 1910 OCCUPATIONAL SAFETY AND HEALTH STANDARDS
- Subpart A General
- § 1910.1 Purpose and scope.
- § 1910.2 Definitions.
- § 1910.3 Petitions for the issuance, amendment, or repeal of a standard.
- § 1910.4 Amendments to this part.
- § 1910.5 Applicability of standards.
- § 1910.6 Incorporation by reference.
- § 1910.7 Definition and requirements for a nationally recognized testing laboratory.
- § 1910.8 OMB control numbers under the Paperwork Reduction Act.
- § 1910.9 Compliance duties owed to each employee.
- Subpart B Adoption and Extension of Established Federal Standards
- § 1910.11 Scope and purpose.
- § 1910.12 Construction work.
- § 1910.15 Shipyard employment.
- § 1910.16 Longshoring and marine terminals.
- § 1910.17 Effective dates.
- § 1910.18 Changes in established Federal standards.
- § 1910.19 Special provisions for air contaminants.
- C Subpart C [Reserved]
- Subpart D Walking-Working Surfaces
- § 1910.21 Scope and definitions.
- § 1910.22 General requirements.
- § 1910.23 Ladders.
- § 1910.24 Step bolts and manhole steps.
- § 1910.25 Stairways.
- § 1910.26 Dockboards.
- § 1910.27 Scaffolds and rope descent systems.
- § 1910.28 Duty to have fall protection and falling object protection.
- § 1910.29 Fall protection systems and falling object protection—criteria and practices.
- § 1910.30 Training requirements.
- Subpart E Exit Routes and Emergency Planning
- § 1910.33 Table of contents.
- § 1910.34 Coverage and definitions.
- § 1910.35 Compliance with alternate exit-route codes.
- § 1910.36 Design and construction requirements for exit routes.
- § 1910.37 Maintenance, safeguards, and operational features for exit routes.
- § 1910.38 Emergency action plans.
- § 1910.39 Fire prevention plans.
- Appendix to Subpart E of Part 1910 Exit Routes, Emergency Action Plans, and Fire Prevention Plans
- Subpart F Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms
- § 1910.66 Powered platforms for building maintenance.
- § 1910.67 Vehicle-mounted elevating and rotating work platforms.
- § 1910.68 Manlifts.
- Subpart G Occupational Health and Environmental Control
- § 1910.94 Ventilation.
- § 1910.95 Occupational noise exposure.
- § 1910.97 Nonionizing radiation.
- § 1910.98 Effective dates.
- Subpart H Hazardous Materials
- § 1910.101 Compressed gases (general requirements).
- § 1910.102 Acetylene.
- § 1910.103 Hydrogen.
- § 1910.104 Oxygen.
- § 1910.105 Nitrous oxide.
- § 1910.106 Flammable liquids.
- § 1910.107 Spray finishing using flammable and combustible materials.
- § 1910.108 [Reserved]
- § 1910.109 Explosives and blasting agents.
- § 1910.110 Storage and handling of liquefied petroleum gases.
- § 1910.111 Storage and handling of anhydrous ammonia.
- §§ 1910.112-1910.113 [Reserved]
- § 1910.119 Process safety management of highly hazardous chemicals.
- § 1910.120 Hazardous waste operations and emergency response.
- § 1910.121 [Reserved]
- 33 Dipping and Coating Operations
- § 1910.122 Table of contents.
- § 1910.123 Dipping and coating operations: Coverage and definitions.
- § 1910.124 General requirements for dipping and coating operations.
- § 1910.125 Additional requirements for dipping and coating operations that use flammable liquids or liquids with flashpoints greater than 199.4 °F (93 °C).
- § 1910.126 Additional requirements for special dipping and coating operations.
- Subpart I Personal Protective Equipment
- § 1910.132 General requirements.
- § 1910.133 Eye and face protection.
- § 1910.134 Respiratory protection.
- § 1910.135 Head protection.
- § 1910.136 Foot protection.
- § 1910.137 Electrical protective equipment.
- § 1910.138 Hand protection.
- § 1910.139 [Reserved]
- § 1910.140 Personal fall protection systems.
- Appendix A to Subpart I of Part 1910 References for Further Information (Non-mandatory)
- Appendix B to Subpart I of Part 1910 Nonmandatory Compliance Guidelines for Hazard Assessment and Personal Protective Equipment Selection
- Appendix C to Subpart I of Part 1910 Personal Fall Protection Systems Non-Mandatory Guidelines
- Appendix D to Subpart I of Part 1910 Test Methods and Procedures for Personal Fall Protection Systems Non-Mandatory Guidelines
- Subpart J General Environmental Controls
- § 1910.141 Sanitation.
- § 1910.142 Temporary labor camps.
- § 1910.143 Nonwater carriage disposal systems. [Reserved]
- § 1910.144 Safety color code for marking physical hazards.
- § 1910.145 Specifications for accident prevention signs and tags.
- § 1910.146 Permit-required confined spaces.
- § 1910.147 The control of hazardous energy (lockout/tagout).
- Subpart K Medical and First Aid
- § 1910.151 Medical services and first aid.
- § 1910.152 [Reserved]
- Subpart L Fire Protection
- § 1910.155 Scope, application and definitions applicable to this subpart.
- § 1910.156 Fire brigades.
- 34 Portable Fire Suppression Equipment
- § 1910.157 Portable fire extinguishers.
- § 1910.158 Standpipe and hose systems.
- 35 Fixed Fire Suppression Equipment
- § 1910.159 Automatic sprinkler systems.
- § 1910.160 Fixed extinguishing systems, general.
- § 1910.161 Fixed extinguishing systems, dry chemical.
- § 1910.162 Fixed extinguishing systems, gaseous agent.
- § 1910.163 Fixed extinguishing systems, water spray and foam.
- 36 Other Fire Protection Systems
- § 1910.164 Fire detection systems.
- § 1910.165 Employee alarm systems.
- Appendixes to Subpart L of Part 1910 Note
- Appendix A to Subpart L of Part 1910 Fire Protection
- Appendix B to Subpart L of Part 1910 National Consensus Standards
- Appendix C to Subpart L of Part 1910 Fire Protection References For Further Information
- Appendix D to Subpart L of Part 1910 Availability of Publications Incorporated by Reference in Section 1910.156 Fire Brigades
- Appendix E to Subpart L of Part 1910 Test Methods for Protective Clothing
- Subpart M Compressed Gas and Compressed Air Equipment
- §§ 1910.166-1910.168 [Reserved]
- § 1910.169 Air receivers.
- Subpart N Materials Handling and Storage
- § 1910.176 Handling materials—general.
- § 1910.177 Servicing multi-piece and single piece rim wheels.
- § 1910.178 Powered industrial trucks.
- § 1910.179 Overhead and gantry cranes.
- § 1910.180 Crawler locomotive and truck cranes.
- § 1910.181 Derricks.
- § 1910.183 Helicopters.
- § 1910.184 Slings.
- Subpart O Machinery and Machine Guarding
- § 1910.211 Definitions.
- § 1910.212 General requirements for all machines.
- § 1910.213 Woodworking machinery requirements.
- § 1910.214 Cooperage machinery. [Reserved]
- § 1910.215 Abrasive wheel machinery.
- § 1910.216 Mills and calenders in the rubber and plastics industries.
- § 1910.217 Mechanical power presses.
- § 1910.218 Forging machines.
- § 1910.219 Mechanical power-transmission apparatus.
- Subpart P Hand and Portable Powered Tools and Other Hand-Held Equipment
- § 1910.241 Definitions.
- § 1910.242 Hand and portable powered tools and equipment, general.
- § 1910.243 Guarding of portable powered tools.
- § 1910.244 Other portable tools and equipment.
- Subpart Q Welding, Cutting and Brazing
- § 1910.251 Definitions.
- § 1910.252 General requirements.
- § 1910.253 Oxygen-fuel gas welding and cutting.
- § 1910.254 Arc welding and cutting.
- § 1910.255 Resistance welding.
- Subpart R Special Industries
- § 1910.261 Pulp, paper, and paperboard mills.
- § 1910.262 Textiles.
- § 1910.263 Bakery equipment.
- § 1910.264 Laundry machinery and operations.
- § 1910.265 Sawmills.
- § 1910.266 Logging operations.
- § 1910.268 Telecommunications.
- § 1910.269 Electric power generation, transmission, and distribution.
- § 1910.272 Grain handling facilities.
- Subpart S Electrical
- 37 General
- § 1910.301 Introduction.
- 38 Design Safety Standards for Electrical Systems
- § 1910.302 Electric utilization systems.
- § 1910.303 General.
- § 1910.304 Wiring design and protection.
- § 1910.305 Wiring methods, components, and equipment for general use.
- § 1910.306 Specific purpose equipment and installations.
- § 1910.307 Hazardous (classified) locations.
- § 1910.308 Special systems.
- §§ 1910.309-1910.330 [Reserved]
- 39 Safety-Related Work Practices
- § 1910.331 Scope.
- § 1910.332 Training.
- § 1910.333 Selection and use of work practices.
- § 1910.334 Use of equipment.
- § 1910.335 Safeguards for personnel protection.
- §§ 1910.336-1910.360 [Reserved]
- 40 Safety-Related Maintenance Requirements
- §§ 1910.361-1910.380 [Reserved]
- 41 Safety Requirements for Special Equipment
- §§ 1910.381-1910.398 [Reserved]
- 42 Definitions
- § 1910.399 Definitions applicable to this subpart.
- Appendix A to Subpart S of Part 1910 References for Further Information
- Subpart T Commercial Diving Operations
- 43 General
- § 1910.401 Scope and application.
- § 1910.402 Definitions.
- 44 Personnel Requirements
- § 1910.410 Qualifications of dive team.
- 45 General Operations Procedures
- § 1910.420 Safe practices manual.
- § 1910.421 Pre-dive procedures.
- § 1910.422 Procedures during dive.
- § 1910.423 Post-dive procedures.
- 46 Specific Operations Procedures
- § 1910.424 SCUBA diving.
- § 1910.425 Surface-supplied air diving.
- § 1910.426 Mixed-gas diving.
- § 1910.427 Liveboating.
- 47 Equipment Procedures and Requirements
- § 1910.430 Equipment.
- 48 Recordkeeping
- § 1910.440 Recordkeeping requirements.
- Appendix A to Subpart T of Part 1910 Examples of Conditions Which May Restrict or Limit Exposure to Hyperbaric Conditions
- Appendix B to Subpart T of Part 1910 Guidelines for Scientific Diving
- Appendix C to Subpart T of Part 1910 Alternative Conditions Under § 1910.401(a)(3) for Recreational Diving Instructors and Diving Guides (Mandatory)
- Subpart U COVID-19
- § 1910.501 [Reserved]
- § 1910.502 Healthcare.
- § 1910.504 Mini Respiratory Protection Program.
- § 1910.505 Severability.
- § 1910.509 Incorporation by reference.
- V Subparts V-Y [Reserved]
- §§ 1910.901-1910.999 [Reserved]
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER XVII OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED)
- PART 1910 OCCUPATIONAL SAFETY AND HEALTH STANDARDS (CONTINUED)
- Subpart Z Toxic and Hazardous Substances
- § 1910.1000 Air contaminants.
- § 1910.1001 Asbestos.
- § 1910.1002 Coal tar pitch volatiles; interpretation of term.
- § 1910.1003 13 Carcinogens (4-Nitrobiphenyl, etc.).
- § 1910.1004 alpha-Naphthylamine.
- § 1910.1005 [Reserved]
- § 1910.1006 Methyl chloromethyl ether.
- § 1910.1007 3,′-Dichlorobenzidine (and its salts).
- § 1910.1008 bis-Chloromethyl ether.
- § 1910.1009 beta-Naphthylamine.
- § 1910.1010 Benzidine.
- § 1910.1011 4-Aminodiphenyl.
- § 1910.1012 Ethyleneimine.
- § 1910.1013 beta-Propiolactone.
- § 1910.1014 2-Acetylaminofluorene.
- § 1910.1015 4-Dimethylaminoazobenzene.
- § 1910.1016 N-Nitrosodimethylamine.
- § 1910.1017 Vinyl chloride.
- § 1910.1018 Inorganic arsenic.
- § 1910.1020 Access to employee exposure and medical records.
- § 1910.1024 Beryllium.
- § 1910.1025 Lead.
- § 1910.1026 Chromium (VI).
- § 1910.1027 Cadmium.
- § 1910.1028 Benzene.
- § 1910.1029 Coke oven emissions.
- § 1910.1030 Bloodborne pathogens.
- § 1910.1043 Cotton dust.
- § 1910.1044 1,2-dibromo-3-chloropropane.
- § 1910.1045 Acrylonitrile.
- § 1910.1047 Ethylene oxide.
- § 1910.1048 Formaldehyde.
- § 1910.1050 Methylenedianiline.
- § 1910.1051 1,3-Butadiene.
- § 1910.1052 Methylene chloride.
- § 1910.1053 Respirable crystalline silica.
- § 1910.1096 Ionizing radiation.
- § 1910.1200 Hazard communication.
- § 1910.1201 Retention of DOT markings, placards and labels.
- § 1910.1450 Occupational exposure to hazardous chemicals in laboratories.
- §§ 1910.1451-1910.1499 [Reserved]
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER XVII OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED)
- PART 1911 RULES OF PROCEDURE FOR PROMULGATING, MODIFYING, OR REVOKING OCCUPATIONAL SAFETY OR HEALTH STANDARDS
- § 1911.1 Purpose and scope.
- § 1911.2 Definitions.
- § 1911.3 Petition for the promulgation, modification, or revocation of a standard.
- § 1911.4 Additional or alternative procedural requirements.
- § 1911.5 Minor changes in standards.
- 1 Commencement of Rulemaking
- § 1911.10 [Reserved]
- § 1911.11 Standards.
- § 1911.12 Emergency standards.
- 2 Hearings
- § 1911.15 Nature of hearing.
- § 1911.16 Powers of presiding officer.
- § 1911.17 Certification of the record of a hearing.
- § 1911.18 Decision.
- PART 1912 ADVISORY COMMITTEES ON STANDARDS
- § 1912.1 Purpose and scope.
- 3 Organizational Matters
- § 1912.2 Types of standards advisory committees.
- § 1912.3 [Reserved]
- § 1912.4 Avoidance of duplication.
- § 1912.5 National Advisory Committee on Occupational Safety and Health.
- § 1912.6 Conflict of interest.
- § 1912.7 Reports.
- § 1912.8 Committee charters.
- § 1912.9 Representation on section 7(b) committees.
- § 1912.10 Terms of continuing committee members.
- § 1912.11 Terms of ad hoc committee members.
- § 1912.12 Termination of advisory committees; renewal.
- § 1912.13 Maritime Advisory Committee on Occupational Safety and Health.
- 4 Operation of Advisory Committees
- § 1912.25 Call of meetings.
- § 1912.26 Approval of agenda.
- § 1912.27 Notice of meetings.
- § 1912.28 Contents of notice.
- § 1912.29 Attendance by members.
- § 1912.30 Quorum; committee procedure.
- § 1912.31 Experts and consultants.
- § 1912.32 Presence of OSHA officer or employee.
- § 1912.33 Minutes.
- § 1912.34 Freedom of Information Act.
- § 1912.35 Availability and cost of transcripts.
- § 1912.36 Advice of advisory committees.
- 5 Miscellaneous
- § 1912.40 General services.
- § 1912.41 Legal services.
- § 1912.42 Reservation.
- § 1912.43 Petitions for changes in the rules; complaints.
- § 1912.44 Definitions.
- PART 1912a NATIONAL ADVISORY COMMITTEE ON OCCUPATIONAL SAFETY AND HEALTH
- § 1912a.1 Purpose and scope.
- § 1912a.2 Membership.
- § 1912a.3 Terms of membership.
- § 1912a.4 Meetings.
- § 1912a.5 Advice and recommendations.
- § 1912a.6 Quorum.
- § 1912a.7 Notice of meetings.
- § 1912a.8 Contents of notice.
- § 1912a.9 Assistance to the committee.
- § 1912a.10 Presence of OSHA officer or employee.
- § 1912a.11 Minutes; transcript.
- § 1912a.12 Charter.
- § 1912a.13 Subcommittees and subgroups.
- § 1912a.14 Petitions for changes in the rules; complaints.
- PART 1913 RULES OF AGENCY PRACTICE AND PROCEDURE CONCERNING OSHA ACCESS TO EMPLOYEE MEDICAL RECORDS
- § 1913.10 Rules of agency practice and procedure concerning OSHA access to employee medical records.
- PART 1915 OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT
- Subpart A General Provisions
- § 1915.1 Purpose and authority.
- § 1915.2 Scope and application.
- § 1915.3 Responsibility.
- § 1915.4 Definitions.
- § 1915.5 Incorporation by reference.
- § 1915.6 commercial diving operations.
- § 1915.7 Competent person.
- § 1915.8 OMB control numbers under the Paperwork Reduction Act.
- § 1915.9 Compliance duties owed to each employee.
- Subpart B Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment
- § 1915.11 Scope, application and definitions applicable to this subpart.
- § 1915.12 Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres.
- § 1915.13 Cleaning and other cold work.
- § 1915.14 Hot work.
- § 1915.15 Maintenance of safe conditions.
- § 1915.16 Warning signs and labels.
- Appendix A to Subpart B of Part 1915 Compliance Assistance Guidelines for Confined and Enclosed Spaces and Other Dangerous Atmospheres
- Appendix B to Subpart B of Part 1915 Reprint of U.S. Coast Guard Regulations Referenced in Subpart B, for Determination of Coast Guard Authorized Persons
- Subpart C Surface Preparation and Preservation
- § 1915.31 Scope and application of subpart.
- § 1915.32 Toxic cleaning solvents.
- § 1915.33 Chemical paint and preservative removers.
- § 1915.34 Mechanical paint removers.
- § 1915.35 Painting.
- § 1915.36 Flammable liquids.
- Subpart D Welding, Cutting and Heating
- § 1915.51 Ventilation and protection in welding, cutting and heating.
- § 1915.53 Welding, cutting and heating in way of preservative coatings.
- § 1915.54 Welding, cutting and heating of hollow metal containers and structures not covered by § 1915.12.
- § 1915.55 Gas welding and cutting.
- § 1915.56 Arc welding and cutting.
- § 1915.57 Uses of fissionable material in ship repairing and shipbuilding.
- Subpart E Scaffolds, Ladders and Other Working Surfaces
- § 1915.71 Scaffolds or staging.
- § 1915.72 Ladders.
- § 1915.73 Guarding of deck openings and edges.
- § 1915.74 Access to vessels.
- § 1915.75 Access to and guarding of dry docks and marine railways.
- § 1915.76 Access to cargo spaces and confined spaces.
- § 1915.77 Working surfaces.
- Subpart F General Working Conditions
- § 1915.80 Scope, application, definitions, and effective dates.
- § 1915.81 Housekeeping.
- § 1915.82 Lighting.
- § 1915.83 Utilities.
- § 1915.84 Working alone.
- § 1915.85 Vessel radar and communication systems.
- § 1915.86 Lifeboats.
- § 1915.87 Medical services and first aid.
- § 1915.88 Sanitation.
- § 1915.89 Control of hazardous energy (lockout/tags-plus).
- § 1915.90 Safety color code for marking physical hazards.
- § 1915.91 Accident prevention signs and tags.
- § 1915.92 Retention of DOT markings, placards, and labels.
- § 1915.93 Motor vehicle safety equipment, operation and maintenance.
- § 1915.94 Servicing multi-piece and single-piece rim wheels.
- Subpart G Gear and Equipment for Rigging and Materials Handling
- § 1915.111 Inspection.
- § 1915.112 Ropes, chains and slings.
- § 1915.113 Shackles and hooks.
- § 1915.114 Chain falls and pull-lifts.
- § 1915.115 Hoisting and hauling equipment.
- § 1915.116 Use of gear.
- § 1915.117 Qualifications of operators.
- § 1915.118 Tables.
- § 1915.120 Powered industrial truck operator training.
- Subpart H Tools and Related Equipment
- § 1915.131 General precautions.
- § 1915.132 Portable electric tools.
- § 1915.133 Hand tools.
- § 1915.134 Abrasive wheels.
- § 1915.135 Powder actuated fastening tools.
- § 1915.136 Internal combustion engines, other than ship's equipment.
- Subpart I Personal Protective Equipment (PPE)
- § 1915.151 Scope, application and definitions.
- § 1915.152 General requirements.
- § 1915.153 Eye and face protection.
- § 1915.154 Respiratory protection.
- § 1915.155 Head protection.
- § 1915.156 Foot protection.
- § 1915.157 Hand and body protection.
- § 1915.158 Lifesaving equipment.
- § 1915.159 Personal fall arrest systems (PFAS).
- § 1915.160 Positioning device systems.
- Appendix A to Subpart I of Part 1915 Non-Mandatory Guidelines for Hazard Assessment, Personal Protective Equipment (PPE) Selection, and PPE Training Program
- Appendix B to Subpart I of Part 1915 General Testing Conditions and Additional Guidelines for Personal Fall Protection Systems (Non-Mandatory)
- Subpart J Ship's Machinery and Piping Systems
- § 1915.161 Scope and application of subpart.
- § 1915.162 Ship's boilers.
- § 1915.163 Ship's piping systems.
- § 1915.164 Ship's propulsion machinery.
- § 1915.165 Ship's deck machinery.
- Subpart K Portable, Unfired Pressure Vessels, Drums and Containers, Other Than Ship's Equipment
- § 1915.171 Scope and application of subpart.
- § 1915.172 Portable air receivers and other unfired pressure vessels.
- § 1915.173 Drums and containers.
- Subpart L Electrical Machinery
- § 1915.181 Electrical circuits and distribution boards.
- M Subparts M-O [Reserved]
- Subpart P Fire Protection in Shipyard Employment
- § 1915.501 General provisions.
- § 1915.502 Fire safety plan.
- § 1915.503 Precautions for hot work.
- § 1915.504 Fire watches.
- § 1915.505 Fire response.
- § 1915.506 Hazards of fixed extinguishing systems on board vessels and vessel sections.
- § 1915.507 Land-side fire protection systems.
- § 1915.508 Training.
- § 1915.509 Definitions applicable to this subpart.
- Appendix A to Subpart P of Part 1915 Model Fire Safety Plan (Non-Mandatory)
- Q Subparts Q-Y [Reserved]
- Subpart Z Toxic and Hazardous Substances
- § 1915.1000 Air contaminants.
- § 1915.1001 Asbestos.
- § 1915.1002 Coal tar pitch volatiles; interpretation of term.
- § 1915.1003 13 carcinogens (4-Nitrobiphenyl, etc.).
- § 1915.1004 alpha-Naphthylamine.
- § 1915.1005 [Reserved]
- § 1915.1006 Methyl chloromethyl ether.
- § 1915.1007 3,3′-Dichlorobenzidiene (and its salts).
- § 1915.1008 bis-Chloromethyl ether.
- § 1915.1009 beta-Naphthylamine.
- § 1915.1010 Benzidine.
- § 1915.1011 4-Aminodiphenyl.
- § 1915.1012 Ethyleneimine.
- § 1915.1013 beta-Propiolactone.
- § 1915.1014 2-Acetylaminofluorene.
- § 1915.1015 4-Dimethylaminoazobenzene.
- § 1915.1016 N-Nitrosodimethylamine.
- § 1915.1017 Vinyl chloride.
- § 1915.1018 Inorganic arsenic.
- § 1915.1020 Access to employee exposure and medical records.
- § 1915.1024 Beryllium.
- § 1915.1025 Lead.
- § 1915.1026 Chromium (VI).
- § 1915.1027 Cadmium.
- § 1915.1028 Benzene.
- § 1915.1030 Bloodborne pathogens.
- § 1915.1044 1,2-dibromo-3-chloropropane.
- § 1915.1045 Acrylonitrile.
- § 1915.1047 Ethylene oxide.
- § 1915.1048 Formaldehyde.
- § 1915.1050 Methylenedianiline.
- § 1915.1052 Methylene chloride.
- § 1915.1053 Respirable crystalline silica.
- § 1915.1200 Hazard communication.
- § 1915.1450 Occupational exposure to hazardous chemicals in laboratories.
- § 1915.1501 COVID-19.
- PART 1917 MARINE TERMINALS
- Subpart A General Provisions
- § 1917.1 Scope and applicability.
- § 1917.2 Definitions.
- § 1917.3 Incorporation by reference.
- § 1917.4 OMB control numbers under the Paperwork Reduction Act.
- § 1917.5 Compliance duties owed to each employee.
- Subpart B Marine Terminal Operations
- § 1917.11 Housekeeping.
- § 1917.12 Slippery conditions.
- § 1917.13 Slinging.
- § 1917.14 Stacking of cargo and pallets.
- § 1917.15 Coopering.
- § 1917.16 Line handling. (See also § 1917.95(b)).
- § 1917.17 Railroad facilities.
- § 1917.18 Log handling.
- § 1917.19 Movement of barges and railcars.
- § 1917.20 Interference with communications.
- § 1917.21 [Reserved]
- § 1917.22 Hazardous cargo 2 (See § 1917.2(p)).
- § 1917.23 Hazardous atmospheres and substances (see also § 1917.2 Hazardous cargo, material, substance or atmosphere).
- § 1917.24 Carbon monoxide.
- § 1917.25 Fumigants, pesticides, insecticides and hazardous preservatives (see also § 1917.2 Hazardous cargo, material, substance or atmosphere).
- § 1917.26 First aid and lifesaving facilities.
- § 1917.27 Personnel.
- § 1917.28 Hazard communication (See also § 1917.1(a)(2)(vi)).
- § 1917.29 Retention of DOT markings, placards and labels.
- § 1917.30 Emergency action plans.
- § 1917.31 COVID-19.
- Subpart C Cargo Handling Gear and Equipment
- § 1917.41 [Reserved]
- § 1917.42 Miscellaneous auxiliary gear.
- § 1917.43 Powered industrial trucks.
- § 1917.44 General rules applicable to vehicles. 4
- § 1917.45 Cranes and derricks (See also § 1917.50).
- § 1917.46 Load indicating devices.
- § 1917.47 Winches.
- § 1917.48 Conveyors.
- § 1917.49 Spouts, chutes, hoppers, bins, and associated equipment.
- § 1917.50 Certification of marine terminal material handling devices (See also mandatory appendix I, of this part).
- § 1917.51 Hand tools.
- Subpart D Specialized Terminals
- § 1917.70 General.
- § 1917.71 Terminals handling intermodal containers or roll-on roll-off operations.
- § 1917.73 Terminal facilities handling menhaden and similar species of fish (see also § 1917.2, definition of hazardous cargo, material, substance or atmosphere).
- Subpart E Personal Protection
- § 1917.91 Eye and face protection.
- § 1917.92 Respiratory protection.
- § 1917.93 Head protection.
- § 1917.94 Foot protection.
- § 1917.95 Other protective measures.
- § 1917.96 Payment for protective equipment.
- Subpart F Terminal Facilities
- § 1917.111 Maintenance and load limits.
- § 1917.112 Guarding of edges.
- § 1917.113 Clearance heights.
- § 1917.114 Cargo doors.
- § 1917.115 Platforms and skids.
- § 1917.116 Elevators and escalators.
- § 1917.117 Manlifts.
- § 1917.118 Fixed ladders.
- § 1917.119 Portable ladders.
- § 1917.120 Fixed stairways.
- § 1917.121 Spiral stairways.
- § 1917.122 Employee exits.
- § 1917.123 Illumination. 9
- § 1917.124 Dockboards (car and bridge plates).
- § 1917.125 Guarding temporary hazards.
- § 1917.126 River banks.
- § 1917.127 Sanitation.
- § 1917.128 Signs and marking.
- Subpart G Related Terminal Operations and Equipment
- § 1917.151 Machine guarding.
- § 1917.152 Welding, cutting and heating (hot work) 12 (See also § 1917.2, definition of Hazardous cargo, materials, substance, or atmosphere).
- § 1917.153 Spray painting (See also § 1917.2, definition of Hazardous cargo, materials, substance, or atmosphere).
- § 1917.154 Compressed air.
- § 1917.155 Air receivers.
- § 1917.156 Fuel handling and storage.
- § 1917.157 Battery charging and changing.
- § 1917.158 Prohibited operations.
- Appendix I to Part 1917 Special Cargo Gear and Container Spreader Test Requirements (Mandatory) [see § 1917.50(c)(5)]
- PART 1918 SAFETY AND HEALTH REGULATIONS FOR LONGSHORING
- Subpart A General Provisions
- § 1918.1 Scope and application.
- § 1918.2 Definitions.
- § 1918.3 Incorporation by reference.
- § 1918.4 OMB control numbers under the Paperwork Reduction Act.
- § 1918.5 Compliance duties owed to each employee.
- Subpart B Gear Certification
- § 1918.11 Gear certification (See also §§ 1918.2, definition of “Vessel's cargo handling gear” and 1918.51).
- Subpart C Gangways and Other Means of Access
- § 1918.21 General requirements.
- § 1918.22 Gangways.
- § 1918.23 Jacob's ladders.
- § 1918.24 Fixed and portable ladders.
- § 1918.25 Bridge plates and ramps (See also § 1918.86).
- § 1918.26 Access to barges and river towboats.
- Subpart D Working Surfaces
- § 1918.31 Hatch coverings.
- § 1918.32 Stowed cargo and temporary landing surfaces.
- § 1918.33 Deck loads.
- § 1918.34 Other decks.
- § 1918.35 Open hatches.
- § 1918.36 Weather deck rails.
- § 1918.37 Barges.
- Subpart E Opening and Closing Hatches
- § 1918.41 Coaming clearances.
- § 1918.42 Hatch beam and pontoon bridles.
- § 1918.43 Handling hatch beams and covers.
- Subpart F Vessel's Cargo Handling Gear
- § 1918.51 General requirements (See also § 1918.11 and appendix III of this part).
- § 1918.52 Specific requirements.
- § 1918.53 Cargo winches.
- § 1918.54 Rigging gear.
- § 1918.55 Cranes (See also § 1918.11).
- Subpart G Cargo Handling Gear and Equipment Other Than Ship's Gear
- § 1918.61 General (See also appendix IV of this part).
- § 1918.62 Miscellaneous auxiliary gear.
- § 1918.63 Chutes, gravity conveyors and rollers.
- § 1918.64 Powered conveyors.
- § 1918.65 Mechanically powered vehicles used aboard vessels.
- § 1918.66 Cranes and derricks other than vessel's gear.
- § 1918.67 Notifying the ship's officers before using certain equipment.
- § 1918.68 Grounding.
- § 1918.69 Tools.
- §§ 1918.70-1918.80 [Reserved]
- Subpart H Handling Cargo
- § 1918.81 Slinging.
- § 1918.82 Building drafts.
- § 1918.83 Stowed cargo; tiering and breaking down.
- § 1918.84 Bulling cargo.
- § 1918.85 Containerized cargo operations.
- § 1918.86 Roll-on roll-off (Ro-Ro) operations (see also § 1918.2, Ro-Ro operations, and § 1918.25).
- § 1918.87 Ship's cargo elevators.
- § 1918.88 Log operations.
- § 1918.89 Handling hazardous cargo (See also § 1918.2 and § 1918.99).
- Subpart I General Working Conditions.
- § 1918.90 Hazard communication.
- § 1918.91 Housekeeping.
- § 1918.92 Illumination.
- § 1918.93 Hazardous atmospheres and substances (See also § 1918.2).
- § 1918.94 Ventilation and atmospheric conditions (See also § 1918.2, definitions of Hazardous cargo, materials, substance or atmosphere and Ro-Ro operations).
- § 1918.95 Sanitation.
- § 1918.96 Maintenance and repair work in the vicinity of longshoring operations.
- § 1918.97 First aid and lifesaving facilities. (See appendix V of this part).
- § 1918.98 Qualifications of machinery operators and supervisory training.
- § 1918.99 Retention of DOT markings, placards and labels.
- § 1918.100 Emergency action plans.
- Subpart J Personal Protective Equipment
- § 1918.101 Eye and face protection.
- § 1918.102 Respiratory protection.
- § 1918.103 Head protection.
- § 1918.104 Foot protection.
- § 1918.105 Other protective measures.
- § 1918.106 Payment for protective equipment.
- Subpart K COVID-19.
- §§ 1918.107-1918.109 [Reserved]
- § 1918.110 COVID-19.
- Appendix I to Part 1918 Cargo Gear Register and Certificates (Non-mandatory)
- Appendix II to Part 1918 Tables for Selected Miscellaneous Auxiliary Gear (Mandatory)
- Appendix III to Part 1918 The Mechanics of Conventional Cargo Gear (Non-mandatory)
- Appendix IV to Part 1918 Special Cargo Gear and Container Spreader Test Requirements (Mandatory) [see § 1918.61 (f), (g), (h)]
- Appendix V to Part 1918 Basic Elements of a First Aid Training Program (Non-mandatory)
- PART 1919 GEAR CERTIFICATION
- Subpart A General Provisions
- § 1919.1 Purpose and scope.
- § 1919.2 Definition of terms.
- Subpart B Procedure Governing Accreditation
- § 1919.3 Application for accreditation.
- § 1919.4 Action upon application.
- § 1919.5 Duration and renewal of accreditation.
- § 1919.6 Criteria governing accreditation to certificate vessels' cargo gear.
- § 1919.7 Voluntary amendment or termination of accreditation.
- § 1919.8 Suspension or revocation of accreditation.
- § 1919.9 Reconsideration and review.
- Subpart C Duties of Persons Accredited To Certificate Vessels' Cargo Gear
- § 1919.10 General duties; exemptions.
- § 1919.11 Recordkeeping and related procedures concerning records in custody of accredited persons.
- § 1919.12 Recordkeeping and related procedures concerning records in custody of the vessel.
- Subpart D Certification of Vessels' Cargo Gear
- § 1919.13 General.
- § 1919.14 Initial tests of cargo gear and tests after alterations, renewals or repairs.
- § 1919.15 Periodic tests, examinations and inspections.
- § 1919.16 Heat treatment.
- § 1919.17 Exemptions from heat treatment.
- § 1919.18 Grace periods.
- § 1919.19 Gear requiring welding.
- § 1919.20 Damaged components.
- § 1919.21 Marking and posting of safe working loads.
- § 1919.22 Requirements governing braking devices and power sources.
- § 1919.23 Means of derrick attachment.
- § 1919.24 Limitations on use of wire rope.
- § 1919.25 Limitations on use of chains.
- Subpart E Certification of Vessels: Tests and Proof Loads; Heat Treatment; Competent Persons
- § 1919.26 Visual inspection before tests.
- § 1919.27 Unit proof tests—winches, derricks and gear accessory thereto.
- § 1919.28 Unit proof tests—cranes and gear accessory thereto.
- § 1919.29 Limitations on safe working loads and proof loads.
- § 1919.30 Examinations subsequent to unit tests.
- § 1919.31 Proof tests—loose gear.
- § 1919.32 Specially designed blocks and components.
- § 1919.33 Proof tests—wire rope.
- § 1919.34 Proof tests after repairs or alterations.
- § 1919.35 Order of tests.
- § 1919.36 Heat treatment.
- § 1919.37 Competent persons.
- Subpart F Accreditation To Certificate Shore-Based Equipment
- § 1919.50 Eligibility for accreditation to certificate shore-based material handling devices covered by § 1917.50 of this chapter, safety and health regulations for marine terminals.
- § 1919.51 Provisions respecting application for accreditation, action upon the application, and related matters.
- Subpart G Duties of Persons Accredited To Certificate Shore-Based Material Handling Devices
- § 1919.60 General duties, exemptions.
- Subpart H Certification of Shore-Based Material Handling Devices
- § 1919.70 General provisions.
- § 1919.71 Unit proof test and examination of cranes.
- § 1919.72 Annual examination of cranes.
- § 1919.73 Unit proof test and examination of derricks.
- § 1919.74 Annual examination of derricks.
- § 1919.75 Determination of crane or derrick safe working loads and limitations in absence of manufacturer's data.
- § 1919.76 Safe working load reduction.
- § 1919.77 Safe working load increase.
- § 1919.78 Nondestructive examinations.
- § 1919.79 Wire rope.
- § 1919.80 Heat treatment.
- § 1919.81 Examination of bulk cargo loading or discharging spouts or suckers.
- § 1919.90 Documentation.
- PART 1920 PROCEDURE FOR VARIATIONS FROM SAFETY AND HEALTH REGULATIONS UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT
- § 1920.1 Purpose.
- § 1920.2 Variances.
- PART 1921 RULES OF PRACTICE IN ENFORCEMENT PROCEEDINGS UNDER SECTION 41 OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT
- Subpart A Applicability of Rules; Definitions
- § 1921.1 Applicability of rules.
- § 1921.2 Definitions.
- Subpart B Prehearing Procedures
- § 1921.3 Complaints.
- § 1921.4 Answer.
- § 1921.5 Motions and requests.
- § 1921.6 Intervention.
- § 1921.7 Stipulations of compliance.
- § 1921.8 Consent findings and order.
- § 1921.9 Prehearing conferences.
- Subpart C Hearing and Related Matters
- § 1921.10 Appearances.
- § 1921.11 Postponement or change of place of hearing.
- § 1921.12 Hearing.
- Subpart D Decision and Order
- § 1921.13 Decision of the hearing examiner.
- § 1921.14 Exceptions.
- § 1921.15 Transmittal of record.
- § 1921.16 Decision and order of the Director.
- Subpart E Miscellaneous
- § 1921.17 Service; copies of documents and pleadings.
- § 1921.18 Witnesses and fees.
- § 1921.19 Depositions.
- § 1921.20 Subpoenas.
- § 1921.21 Hearing examiners.
- § 1921.22 Computation of time.
- PART 1922 INVESTIGATIONAL HEARINGS UNDER SECTION 41 OF THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT
- § 1922.1 Definitions.
- § 1922.2 Purpose and scope.
- § 1922.3 Composition of the Board.
- § 1922.4 Responsibilities of the Board; voting.
- § 1922.5 Notice of investigational hearings.
- § 1922.6 Investigational hearings.
- PART 1924 SAFETY STANDARDS APPLICABLE TO WORKSHOPS AND REHABILITATION FACILITIES ASSISTED BY GRANTS
- § 1924.1 Applicable safety standards.
- PART 1925 SAFETY AND HEALTH STANDARDS FOR FEDERAL SERVICE CONTRACTS
- § 1925.1 Scope and application.
- § 1925.2 Safety and health standards.
- § 1925.3 Records.
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER XVII OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR (CONTINUED)
- PART 1926 SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
- Subpart A General
- § 1926.1 Purpose and scope.
- § 1926.2 Variances from safety and health standards.
- § 1926.3 Inspections—right of entry.
- § 1926.4 Rules of practice for administrative adjudications for enforcement of safety and health standards.
- § 1926.5 OMB control numbers under the Paperwork Reduction Act.
- § 1926.6 Incorporation by reference.
- Subpart B General Interpretations
- § 1926.10 Scope of subpart.
- § 1926.11 Coverage under section 103 of the act distinguished.
- § 1926.12 Reorganization Plan No. 14 of 1950.
- § 1926.13 Interpretation of statutory terms.
- § 1926.14 Federal contract for “mixed” types of performance.
- § 1926.15 Relationship to the Service Contract Act; Walsh-Healey Public Contracts Act.
- § 1926.16 Rules of construction.
- Subpart C General Safety and Health Provisions
- § 1926.20 General safety and health provisions.
- § 1926.21 Safety training and education.
- § 1926.22 Recording and reporting of injuries. [Reserved]
- § 1926.23 First aid and medical attention.
- § 1926.24 Fire protection and prevention.
- § 1926.25 Housekeeping.
- § 1926.26 Illumination.
- § 1926.27 Sanitation.
- § 1926.28 Personal protective equipment.
- § 1926.29 Acceptable certifications.
- § 1926.30 Shipbuilding and ship repairing.
- § 1926.32 Definitions.
- § 1926.33 Access to employee exposure and medical records.
- § 1926.34 Means of egress.
- § 1926.35 Employee emergency action plans.
- Subpart D Occupational Health and Environmental Controls
- § 1926.50 Medical services and first aid.
- § 1926.51 Sanitation.
- § 1926.52 Occupational noise exposure.
- § 1926.53 Ionizing radiation.
- § 1926.54 Nonionizing radiation.
- § 1926.55 Gases, vapors, fumes, dusts, and mists.
- § 1926.56 Illumination.
- § 1926.57 Ventilation.
- § 1926.58 COVID-19.
- § 1926.59 Hazard communication.
- § 1926.60 Methylenedianiline.
- § 1926.61 Retention of DOT markings, placards and labels.
- § 1926.62 Lead.
- § 1926.64 Process safety management of highly hazardous chemicals.
- § 1926.65 Hazardous waste operations and emergency response.
- § 1926.66 Criteria for design and construction of spray booths.
- Subpart E Personal Protective and Life Saving Equipment
- § 1926.95 Criteria for personal protective equipment.
- § 1926.96 Occupational foot protection.
- § 1926.97 Electrical protective equipment.
- § 1926.98 [Reserved]
- § 1926.100 Head protection.
- § 1926.101 Hearing protection.
- § 1926.102 Eye and face protection.
- § 1926.103 Respiratory protection.
- § 1926.104 Safety belts, lifelines, and lanyards.
- § 1926.105 Safety nets.
- § 1926.106 Working over or near water.
- § 1926.107 Definitions applicable to this subpart.
- Subpart F Fire Protection and Prevention
- § 1926.150 Fire protection.
- § 1926.151 Fire prevention.
- § 1926.152 Flammable liquids.
- § 1926.153 Liquefied petroleum gas (LP-Gas).
- § 1926.154 Temporary heating devices.
- § 1926.155 Definitions applicable to this subpart.
- Subpart G Signs, Signals, and Barricades
- § 1926.200 Accident prevention signs and tags.
- § 1926.201 Signaling.
- Subpart H Materials Handling, Storage, Use, and Disposal
- § 1926.250 General requirements for storage.
- § 1926.251 Rigging equipment for material handling.
- § 1926.252 Disposal of waste materials.
- Subpart I Tools—Hand and Power
- § 1926.300 General requirements.
- § 1926.301 Hand tools.
- § 1926.302 Power-operated hand tools.
- § 1926.303 Abrasive wheels and tools.
- § 1926.304 Woodworking tools.
- § 1926.305 Jacks—lever and ratchet, screw, and hydraulic.
- § 1926.306 Air receivers.
- § 1926.307 Mechanical power-transmission apparatus.
- Subpart J Welding and Cutting
- § 1926.350 Gas welding and cutting.
- § 1926.351 Arc welding and cutting.
- § 1926.352 Fire prevention.
- § 1926.353 Ventilation and protection in welding, cutting, and heating.
- § 1926.354 Welding, cutting, and heating in way of preservative coatings.
- Subpart K Electrical
- 13 General
- § 1926.400 Introduction.
- § 1926.401 [Reserved]
- 14 Installation Safety Requirements
- § 1926.402 Applicability.
- § 1926.403 General requirements.
- § 1926.404 Wiring design and protection.
- § 1926.405 Wiring methods, components, and equipment for general use.
- § 1926.406 Specific purpose equipment and installations.
- § 1926.407 Hazardous (classified) locations.
- § 1926.408 Special systems.
- §§ 1926.409-1926.415 [Reserved]
- 15 Safety-Related Work Practices
- § 1926.416 General requirements.
- § 1926.417 Lockout and tagging of circuits.
- §§ 1926.418-1926.430 [Reserved]
- 16 Safety-Related Maintenance and Environmental Considerations
- § 1926.431 Maintenance of equipment.
- § 1926.432 Environmental deterioration of equipment.
- §§ 1926.433-1926.440 [Reserved]
- 17 Safety Requirements for Special Equipment
- § 1926.441 Batteries and battery charging.
- §§ 1926.442-1926.448 [Reserved]
- 18 Definitions
- § 1926.449 Definitions applicable to this subpart.
- Subpart L Scaffolds
- § 1926.450 Scope, application and definitions applicable to this subpart.
- § 1926.451 General requirements.
- § 1926.452 Additional requirements applicable to specific types of scaffolds.
- § 1926.453 Aerial lifts.
- § 1926.454 Training requirements.
- 19 Non-Mandatory Appendices
- Appendix A (Non-mandatory) Appendix A to Subpart L of Part 1926—Scaffold Specifications
- Appendix C (Non-mandatory) Appendix C to Subpart L of Part 1926—List of National Consensus Standards
- Appendix D (Non-mandatory) Appendix D to Subpart L of Part 1926—List of Training Topics for Scaffold Erectors and Dismantlers
- Appendix E (Non-mandatory) Appendix E to Subpart L of Part 1926—Drawings and Illustrations
- Subpart M Fall Protection
- § 1926.500 Scope, application, and definitions applicable to this subpart.
- § 1926.501 Duty to have fall protection.
- § 1926.502 Fall protection systems criteria and practices.
- § 1926.503 Training requirements.
- Appendix A to Subpart M of Part 1926 Determining Roof Widths
- Appendix B to Subpart M of Part 1926 Guardrail Systems
- Appendix C to Subpart M of Part 1926 Personal Fall Arrest Systems
- Appendix D to Subpart M of Part 1926 Positioning Device Systems
- Appendix E to Subpart M of Part 1926 Sample Fall Protection Plan
- Subpart N Helicopters, Hoists, Elevators, and Conveyors
- § 1926.550 [Reserved]
- § 1926.551 Helicopters.
- § 1926.552 Material hoists, personnel hoists, and elevators.
- § 1926.553 Base-mounted drum hoists.
- § 1926.554 Overhead hoists.
- § 1926.555 Conveyors.
- Subpart O Motor Vehicles, Mechanized Equipment, and Marine Operations
- § 1926.600 Equipment.
- § 1926.601 Motor vehicles.
- § 1926.602 Material handling equipment.
- § 1926.603 Pile driving equipment.
- § 1926.604 Site clearing.
- § 1926.605 Marine operations and equipment.
- § 1926.606 Definitions applicable to this subpart.
- Subpart P Excavations
- § 1926.650 Scope, application, and definitions applicable to this subpart.
- § 1926.651 Specific excavation requirements.
- § 1926.652 Requirements for protective systems.
- Appendix A to Subpart P of Part 1926 Soil Classification
- Appendix B to Subpart P of Part 1926 Sloping and Benching
- Appendix C to Subpart P of Part 1926 Timber Shoring for Trenches
- Appendix D to Subpart P of Part 1926 Aluminum Hydraulic Shoring for Trenches
- Appendix F to Subpart P of Part 1926 Selection of Protective Systems
- Subpart Q Concrete and Masonry Construction
- § 1926.700 Scope, application, and definitions applicable to this subpart.
- § 1926.701 General requirements.
- § 1926.702 Requirements for equipment and tools.
- § 1926.703 Requirements for cast-in-place concrete.
- § 1926.704 Requirements for precast concrete.
- § 1926.705 Requirements for lift-slab construction operations.
- § 1926.706 Requirements for masonry construction.
- Appendix A to Subpart Q of Part 1926 References to subpart Q of Part 1926
- Subpart R Steel Erection
- § 1926.750 Scope.
- § 1926.751 Definitions.
- § 1926.752 Site layout, site-specific erection plan and construction sequence.
- § 1926.753 Hoisting and rigging.
- § 1926.754 Structural steel assembly.
- § 1926.755 Column anchorage.
- § 1926.756 Beams and columns.
- § 1926.757 Open web steel joists.
- § 1926.758 Systems-engineered metal buildings.
- § 1926.759 Falling object protection.
- § 1926.760 Fall protection.
- § 1926.761 Training.
- Appendix A to Subpart R of Part 1926 Guidelines for Establishing the Components of a Site-specific Erection Plan: Non-mandatory Guidelines for Complying With § 1926.752(e)
- Appendix D to Subpart R of Part 1926 Illustration of the Use of Control Lines To Demarcate Controlled Decking Zones (CDZs): Non-mandatory Guidelines for Complying With § 1926.760(c)(3)
- Appendix E to Subpart R of Part 1926 Training: Non-mandatory Guidelines for Complying With § 1926.761
- Appendix F to Subpart R of Part 1926 Perimeter Columns: Non-Mandatory Guidelines for Complying With § 1926.756(e) To Protect the Unprotected Side or Edge of a Walking/Working Surface
- Appendix G to Subpart R of Part 1926 § 1926.502 (b)-(e) Fall Protection Systems Criteria and Practices
- Appendix H to Subpart R of Part 1926 Double Connections: Illustration of a Clipped End Connection and a Staggered Connection: Non-Mandatory Guidelines for Complying With § 1926.756(c)(1)
- Subpart S Underground Construction, Caissons, Cofferdams and Compressed Air
- § 1926.800 Underground construction.
- § 1926.801 Caissons.
- § 1926.802 Cofferdams.
- § 1926.803 Compressed air.
- § 1926.804 Definitions applicable to this subpart.
- Appendix A to Subpart S of Part 1926 Decompression Tables
- Subpart T Demolition
- § 1926.850 Preparatory operations.
- § 1926.851 Stairs, passageways, and ladders.
- § 1926.852 Chutes.
- § 1926.853 Removal of materials through floor openings.
- § 1926.854 Removal of walls, masonry sections, and chimneys.
- § 1926.855 Manual removal of floors.
- § 1926.856 Removal of walls, floors, and material with equipment.
- § 1926.857 Storage.
- § 1926.858 Removal of steel construction.
- § 1926.859 Mechanical demolition.
- § 1926.860 Selective demolition by explosives.
- Subpart U Blasting and the Use of Explosives
- § 1926.900 General provisions.
- § 1926.901 Blaster qualifications.
- § 1926.902 Surface transportation of explosives.
- § 1926.903 Underground transportation of explosives.
- § 1926.904 Storage of explosives and blasting agents.
- § 1926.905 Loading of explosives or blasting agents.
- § 1926.906 Initiation of explosive charges—electric blasting.
- § 1926.907 Use of safety fuse.
- § 1926.908 Use of detonating cord.
- § 1926.909 Firing the blast.
- § 1926.910 Inspection after blasting.
- § 1926.911 Misfires.
- § 1926.912 Underwater blasting.
- § 1926.913 Blasting in excavation work under compressed air.
- § 1926.914 Definitions applicable to this subpart.
- Subpart V Electric Power Transmission and Distribution
- § 1926.950 General.
- § 1926.951 Medical services and first aid.
- § 1926.952 Job briefing.
- § 1926.953 Enclosed spaces.
- § 1926.954 Personal protective equipment.
- § 1926.955 Portable ladders and platforms.
- § 1926.956 Hand and portable power equipment.
- § 1926.957 Live-line tools.
- § 1926.958 Materials handling and storage.
- § 1926.959 Mechanical equipment.
- § 1926.960 Working on or near exposed energized parts.
- § 1926.961 Deenergizing lines and equipment for employee protection.
- § 1926.962 Grounding for the protection of employees.
- § 1926.963 Testing and test facilities.
- § 1926.964 Overhead lines and live-line barehand work.
- § 1926.965 Underground electrical installations.
- § 1926.966 Substations.
- § 1926.967 Special conditions.
- § 1926.968 Definitions.
- Appendix B to Subpart V of Part 1926 Working on Exposed Energized Parts
- Appendix C to Subpart V of Part 1926 Protection From Hazardous Differences in Electric Potential
- Appendix D to Subpart V of Part 1926 Methods of Inspecting and Testing Wood Poles
- Appendix E to Subpart V of Part 1926 Protection From Flames and Electric Arcs
- Appendix F to Subpart V of Part 1926 Work-Positioning Equipment Inspection Guidelines
- Appendix G to Subpart V of Part 1926 Reference Documents
- Subpart W Rollover Protective Structures; Overhead Protection
- § 1926.1000 Scope.
- § 1926.1001 Minimum performance criteria for rollover protective structures for designated scrapers, loaders, dozers, graders, crawler tractors, compactors, and rubber-tired skid steer equipment.
- § 1926.1002 Protective frames (roll-over protective structures, known as ROPS) for wheel-type agricultural and industrial tractors used in construction.
- § 1926.1003 Overhead protection for operators of agricultural and industrial tractors used in construction.
- Subpart X Stairways and Ladders
- § 1926.1050 Scope, application, and definitions applicable to this subpart.
- § 1926.1051 General requirements.
- § 1926.1052 Stairways.
- § 1926.1053 Ladders.
- §§ 1926.1054-1926.1059 [Reserved]
- § 1926.1060 Training requirements.
- Appendix A to Subpart X of Part 1926 Ladders
- Subpart Y Diving
- 20 General
- § 1926.1071 Scope and application.
- § 1926.1072 Definitions.
- 21 Personnel Requirements
- § 1926.1076 Qualifications of dive team.
- 22 General Operations Procedures
- § 1926.1080 Safe practices manual.
- § 1926.1081 Pre-dive procedures.
- § 1926.1082 Procedures during dive.
- § 1926.1083 Post-dive procedures.
- 23 Specific Operations Procedures
- § 1926.1084 SCUBA diving.
- § 1926.1085 Surface-supplied air diving.
- § 1926.1086 Mixed-gas diving.
- § 1926.1087 Liveboating.
- 24 Equipment Procedures and Requirements
- § 1926.1090 Equipment.
- 25 Recordkeeping
- § 1926.1091 Recordkeeping requirements.
- Appendix A to Subpart Y of Part 1926 Examples of Conditions Which May Restrict or Limit Exposure to Hyperbaric Conditions
- Appendix B to Subpart Y of Part 1926 Guidelines for Scientific Diving
- Subpart Z Toxic and Hazardous Substances
- § 1926.1100 [Reserved]
- § 1926.1101 Asbestos.
- § 1926.1102 Coal tar pitch volatiles; interpretation of term.
- § 1926.1103 13 carcinogens (4-Nitrobiphenyl, etc.).
- § 1926.1104 alpha-Naphthylamine.
- § 1926.1105 [Reserved]
- § 1926.1106 Methyl chloromethyl ether.
- § 1926.1107 3,3′-Dichlorobenzidiene (and its salts).
- § 1926.1108 bis-Chloromethyl ether.
- § 1926.1109 beta-Naphthylamine.
- § 1926.1110 Benzidine.
- § 1926.1111 4-Aminodiphenyl.
- § 1926.1112 Ethyleneimine.
- § 1926.1113 beta-Propiolactone.
- § 1926.1114 2-Acetylaminofluorene.
- § 1926.1115 4-Dimethylaminoazobenzene.
- § 1926.1116 N-Nitrosodimethylamine.
- § 1926.1117 Vinyl chloride.
- § 1926.1118 Inorganic arsenic.
- § 1926.1124 Beryllium.
- § 1926.1126 Chromium (VI).
- § 1926.1127 Cadmium.
- § 1926.1128 Benzene.
- § 1926.1129 [Reserved]
- § 1926.1144 1,2-dibromo-3-chloropropane.
- § 1926.1145 Acrylonitrile.
- § 1926.1147 Ethylene oxide.
- § 1926.1148 Formaldehyde.
- § 1926.1152 Methylene chloride.
- § 1926.1153 Respirable crystalline silica.
- Subpart AA Confined Spaces in Construction
- § 1926.1200 [Reserved]
- § 1926.1201 Scope.
- § 1926.1202 Definitions.
- § 1926.1203 General requirements.
- § 1926.1204 Permit-required confined space program.
- § 1926.1205 Permitting process.
- § 1926.1206 Entry permit.
- § 1926.1207 Training.
- § 1926.1208 Duties of authorized entrants.
- § 1926.1209 Duties of attendants.
- § 1926.1210 Duties of entry supervisors.
- § 1926.1211 Rescue and emergency services.
- § 1926.1212 Employee participation.
- § 1926.1213 Provision of documents to Secretary.
- BB Subpart BB [Reserved]
- Subpart CC Cranes and Derricks in Construction
- § 1926.1400 Scope.
- § 1926.1401 Definitions.
- § 1926.1402 Ground conditions.
- § 1926.1403 Assembly/Disassembly—selection of manufacturer or employer procedures.
- § 1926.1404 Assembly/Disassembly—general requirements (applies to all assembly and disassembly operations).
- § 1926.1405 Disassembly—additional requirements for dismantling of booms and jibs (applies to both the use of manufacturer procedures and employer procedures).
- § 1926.1406 Assembly/Disassembly—employer procedures—general requirements.
- § 1926.1407 Power line safety (up to 350 kV)—assembly and disassembly.
- § 1926.1408 Power line safety (up to 350 kV)—equipment operations.
- § 1926.1409 Power line safety (over 350 kV).
- § 1926.1410 Power line safety (all voltages)—equipment operations closer than the Table A zone.
- § 1926.1411 Power line safety—while traveling under or near power lines with no load.
- § 1926.1412 Inspections.
- § 1926.1413 Wire rope—inspection.
- § 1926.1414 Wire rope—selection and installation criteria.
- § 1926.1415 Safety devices.
- § 1926.1416 Operational aids.
- § 1926.1417 Operation.
- § 1926.1418 Authority to stop operation.
- § 1926.1419 Signals—general requirements.
- § 1926.1420 Signals—radio, telephone or other electronic transmission of signals.
- § 1926.1421 Signals—voice signals—additional requirements.
- § 1926.1422 Signals—hand signal chart.
- § 1926.1423 Fall protection.
- § 1926.1424 Work area control.
- § 1926.1425 Keeping clear of the load.
- § 1926.1426 Free fall and controlled load lowering.
- § 1926.1427 Operator training, certification, and evaluation.
- § 1926.1428 Signal person qualifications.
- § 1926.1429 Qualifications of maintenance & repair employees.
- § 1926.1430 Training.
- § 1926.1431 Hoisting personnel.
- § 1926.1432 Multiple-crane/derrick lifts—supplemental requirements.
- § 1926.1433 Design, construction and testing.
- § 1926.1434 Equipment modifications.
- § 1926.1435 Tower cranes.
- § 1926.1436 Derricks.
- § 1926.1437 Floating cranes/derricks and land cranes/derricks on barges.
- § 1926.1438 Overhead & gantry cranes.
- § 1926.1439 Dedicated pile drivers.
- § 1926.1440 Sideboom cranes.
- § 1926.1441 Equipment with a rated hoisting/lifting capacity of 2,000 pounds or less.
- § 1926.1442 Railroad roadway maintenance machines.
- § 1926.1443 Severability.
- Appendix B to Subpart CC of Part 1926 Assembly/Disassembly: Sample Procedures for Minimizing the Risk of Unintended Dangerous Boom Movement
- Appendix C to Subpart CC of Part 1926 Operator Certification: Written Examination: Technical Knowledge Criteria
- 0
- Appendix A to Part 1926 Designations for General Industry Standards Incorporated Into Body of Construction Standards
- 1927 PART 1927 [RESERVED]
- PART 1928 OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE
- Subpart A General
- § 1928.1 Purpose and scope.
- Subpart B Applicability of Standards
- § 1928.21 Applicable standards in 29 CFR part 1910.
- Subpart C Roll-Over Protective Structures
- § 1928.51 Roll-over protective structures (ROPS) for tractors used in agricultural operations.
- § 1928.52 Protective frames for wheel-type agricultural tractors—test procedures and performance requirements.
- § 1928.53 Protective enclosures for wheel-type agricultural tractors—test procedures and performance requirements.
- Appendix A to Subpart C of Part 1928 Employee Operating Instructions
- Appendix B to Subpart C of Part 1928 Figures C-1 through C-16
- Subpart D Safety for Agricultural Equipment
- § 1928.57 Guarding of farm field equipment, farmstead equipment, and cotton gins.
- E Subparts E-H [Reserved]
- Subpart I General Environmental Controls
- § 1928.110 Field sanitation.
- J Subparts J-L [Reserved]
- Subpart M Occupational Health
- § 1928.1027 Cadmium.
- PART 1949 OFFICE OF TRAINING AND EDUCATION, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
- Subpart A OSHA Training Institute
- § 1949.1 Policy regarding tuition fees.
- § 1949.2 Definitions.
- § 1949.3 Schedule of fees.
- § 1949.4 Procedure for payment.
- § 1949.5 Refunds.
- PART 1952 APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
- Subpart A List of Approved State Plans for Private-Sector and State and Local Government Employees
- § 1952.1 South Carolina.
- § 1952.2 Oregon.
- § 1952.3 Utah.
- § 1952.4 Washington.
- § 1952.5 North Carolina.
- § 1952.6 Iowa.
- § 1952.7 California.
- § 1952.8 Minnesota.
- § 1952.9 Maryland.
- § 1952.10 Tennessee.
- § 1952.11 Kentucky.
- § 1952.12 Alaska.
- § 1952.13 Michigan.
- § 1952.14 Vermont.
- § 1952.15 Nevada.
- § 1952.16 Hawaii.
- § 1952.17 Indiana.
- § 1952.18 Wyoming.
- § 1952.19 Arizona.
- § 1952.20 New Mexico.
- § 1952.21 Virginia.
- § 1952.22 Puerto Rico.
- Subpart B List of Approved State Plans for State and Local Government Employees
- § 1952.23 Connecticut.
- § 1952.24 New York.
- § 1952.25 New Jersey.
- § 1952.26 The Virgin Islands.
- § 1952.27 Illinois.
- § 1952.28 Maine.
- § 1952.29 Massachusetts.
- PART 1953 CHANGES TO STATE PLANS
- § 1953.1 Purpose and scope.
- § 1953.2 Definitions.
- § 1953.3 General policies and procedures.
- § 1953.4 Submission of plan supplements.
- § 1953.5 Special provisions for standards changes.
- § 1953.6 Review and approval of plan supplements.
- PART 1954 PROCEDURES FOR THE EVALUATION AND MONITORING OF APPROVED STATE PLANS
- Subpart A General
- § 1954.1 Purpose and scope.
- § 1954.2 Monitoring system.
- § 1954.3 Exercise of Federal discretionary authority.
- Subpart B State Monitoring Reports and Visits to State Agencies
- § 1954.10 Reports from the States.
- § 1954.11 Visits to State agencies.
- Subpart C Complaints About State Program Administration (CASPA)
- § 1954.20 Complaints about State program administration.
- § 1954.21 Processing and investigating a complaint.
- § 1954.22 Notice provided by State.
- PART 1955 PROCEDURES FOR WITHDRAWAL OF APPROVAL OF STATE PLANS
- Subpart A General
- § 1955.1 Purpose and scope.
- § 1955.2 Definitions.
- § 1955.3 General policy.
- § 1955.4 Effect of withdrawal of approval.
- § 1955.5 Petitions for withdrawal of approval.
- Subpart B Notice of Formal Proceeding
- § 1955.10 Publication of notice of formal proceeding.
- § 1955.11 Contents of notice of formal proceeding.
- § 1955.12 Administrative law judge; powers and duties.
- § 1955.13 Disqualification.
- § 1955.14 Ex parte communications.
- § 1955.15 Manner of service and filing.
- § 1955.16 Time.
- § 1955.17 Determination of parties.
- § 1955.18 Provision for written comments.
- Subpart C Consent Findings and Summary Decisions
- § 1955.20 Consent findings and orders.
- § 1955.21 Motion for a summary decision.
- § 1955.22 Summary decision.
- Subpart D Preliminary Conference and Discovery
- § 1955.30 Submission of documentary evidence.
- § 1955.31 Preliminary conference.
- § 1955.32 Discovery.
- § 1955.33 Sanctions for failure to comply with orders.
- § 1955.34 Fees of witnesses.
- Subpart E Hearing and Decision
- § 1955.40 Hearings.
- § 1955.41 Decision of the administrative law judge.
- § 1955.42 Exceptions.
- § 1955.43 Transmission of the record.
- § 1955.44 Final decision.
- § 1955.45 Effect of appeal of administrative law judge's decision.
- § 1955.46 Finality for purposes of judicial review.
- § 1955.47 Judicial review.
- PART 1956 STATE PLANS FOR THE DEVELOPMENT AND ENFORCEMENT OF STATE STANDARDS APPLICABLE TO STATE AND LOCAL GOVERNMENT EMPLOYEES IN STATES WITHOUT APPROVED PRIVATE EMPLOYEE PLANS
- Subpart A General
- § 1956.1 Purpose and scope.
- § 1956.2 General policies.
- Subpart B Criteria
- § 1956.10 Specific criteria.
- § 1956.11 Indices of effectiveness.
- Subpart C Approval, Change, Evaluation and Withdrawal of Approval Procedures
- § 1956.20 Procedures for submission, approval and rejection.
- § 1956.21 Procedures for submitting changes.
- § 1956.22 Procedures for evaluation and monitoring.
- § 1956.23 Procedures for certification of completion of development and determination on application of criteria.
- § 1956.24 Procedures for withdrawal of approval.
- Subpart D General Provisions and Conditions [Reserved]
- PART 1960 BASIC PROGRAM ELEMENTS FOR FEDERAL EMPLOYEE OCCUPATIONAL SAFETY AND HEALTH PROGRAMS AND RELATED MATTERS
- Subpart A General
- § 1960.1 Purpose and scope.
- § 1960.2 Definitions.
- Subpart B Administration
- § 1960.6 Designation of agency safety and health officials.
- § 1960.7 Financial management.
- § 1960.8 Agency responsibilities.
- § 1960.9 Supervisory responsibilities.
- § 1960.10 Employee responsibilities and rights.
- § 1960.11 Evaluation of occupational safety and health performance.
- § 1960.12 Dissemination of occupational safety and health program information.
- Subpart C Standards
- § 1960.16 Compliance with OSHA standards.
- § 1960.17 Alternate standards.
- § 1960.18 Supplementary standards.
- § 1960.19 Other Federal agency standards affecting occupational safety and health.
- Subpart D Inspection and Abatement
- § 1960.25 Qualifications of safety and health inspectors and agency inspections.
- § 1960.26 Conduct of inspections.
- § 1960.27 Representatives of officials in charge and representatives of employees.
- § 1960.28 Employee reports of unsafe or unhealthful working conditions.
- § 1960.29 Accident investigation.
- § 1960.30 Abatement of unsafe or unhealthful working conditions.
- § 1960.31 Inspections by OSHA.
- Subpart E General Services Administration and Other Federal Agencies
- § 1960.34 General provisions.
- § 1960.35 National Institute for Occupational Safety and Health.
- Subpart F Occupational Safety and Health Committees
- § 1960.36 General provisions.
- § 1960.37 Committee organization.
- § 1960.38 Committee formation.
- § 1960.39 Agency responsibilities.
- § 1960.40 Establishment committee duties.
- § 1960.41 National committee duties.
- Subpart G Allegations of Reprisal
- § 1960.46 Agency responsibility.
- § 1960.47 Results of investigations.
- Subpart H Training
- § 1960.54 Training of top management officials.
- § 1960.55 Training of supervisors.
- § 1960.56 Training of safety and health specialists.
- § 1960.57 Training of safety and health inspectors.
- § 1960.58 Training of collateral duty safety and health personnel and committee members.
- § 1960.59 Training of employees and employee representatives.
- § 1960.60 Training assistance.
- Subpart I Recordkeeping and Reporting Requirements
- § 1960.66 Purpose, scope and general provisions.
- § 1960.67 Federal agency certification of the injury and illness annual summary (OSHA 300-A or equivalent).
- § 1960.68 Prohibition against discrimination.
- § 1960.69 Retention and updating of old forms.
- § 1960.70 Reporting of serious accidents.
- § 1960.71 Agency annual reports.
- § 1960.72 Reporting Federal Agency Injury and Illness Information.
- § 1960.73 Federal agency injury and illness recordkeeping forms.
- § 1960.74 [Reserved]
- Subpart J Evaluation of Federal Occupational Safety and Health Programs
- § 1960.78 Purpose and scope.
- § 1960.79 Self-evaluations of occupational safety and health programs.
- § 1960.80 Secretary's evaluations of agency occupational safety and health programs.
- Subpart K Field Federal Safety and Health Councils
- § 1960.84 Purpose.
- § 1960.85 Role of the Secretary.
- § 1960.86 Establishing councils.
- § 1960.87 Objectives.
- § 1960.88 Membership and participation.
- § 1960.89 Organization.
- § 1960.90 Operating procedures.
- PART 1975 COVERAGE OF EMPLOYERS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
- § 1975.1 Purpose and scope.
- § 1975.2 Basis of authority.
- § 1975.3 Extent of coverage.
- § 1975.4 Coverage.
- § 1975.5 States and political subdivisions thereof.
- § 1975.6 Policy as to domestic household employment activities in private residences.
- PART 1977 DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER THE WILLIAMS-STEIGER OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
- 26 General
- § 1977.1 Introductory statement.
- § 1977.2 Purpose of this part.
- § 1977.3 General requirements of section 11(c) of the Act.
- § 1977.4 Persons prohibited from discriminating.
- § 1977.5 Persons protected by section 11(c).
- § 1977.6 Unprotected activities distinguished.
- 27 Specific Protections
- § 1977.9 Complaints under or related to the Act.
- § 1977.10 Proceedings under or related to the Act.
- § 1977.11 Testimony.
- § 1977.12 Exercise of any right afforded by the Act.
- 28 Procedures
- § 1977.15 Filing of complaint for discrimination.
- § 1977.16 Notification of Secretary of Labor's determination.
- § 1977.17 Withdrawal of complaint.
- § 1977.18 Arbitration or other agency proceedings.
- 29 Some Specific Subjects
- § 1977.22 Employee refusal to comply with safety rules.
- § 1977.23 State plans.
- PART 1978 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (STAA), AS AMENDED
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1978.100 Purpose and scope.
- § 1978.101 Definitions.
- § 1978.102 Obligations and prohibited acts.
- § 1978.103 Filing of retaliation complaints.
- § 1978.104 Investigation.
- § 1978.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1978.106 Objections to the findings and the preliminary order and request for a hearing.
- § 1978.107 Hearings.
- § 1978.108 Role of Federal agencies.
- § 1978.109 Decisions and orders of the administrative law judge.
- § 1978.110 Decisions and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1978.111 Withdrawal of STAA complaints, findings, objections, and petitions for review; settlement.
- § 1978.112 Judicial review.
- § 1978.113 Judicial enforcement.
- § 1978.114 District court jurisdiction of retaliation complaints under STAA.
- § 1978.115 Special circumstances; waiver of rules.
- PART 1979 PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 519 OF THE WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1979.100 Purpose and scope.
- § 1979.101 Definitions.
- § 1979.102 Obligations and prohibited acts.
- § 1979.103 Filing of discrimination complaint.
- § 1979.104 Investigation.
- § 1979.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1979.106 Objections to the findings and the preliminary order and request for a hearing.
- § 1979.107 Hearings.
- § 1979.108 Role of Federal agencies.
- § 1979.109 Decision and orders of the administrative law judge.
- § 1979.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1979.111 Withdrawal of complaints, objections, and findings; settlement.
- § 1979.112 Judicial review.
- § 1979.113 Judicial enforcement.
- § 1979.114 Special circumstances; waiver of rules.
- PART 1980 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 806 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1980.100 Purpose and scope.
- § 1980.101 Definitions.
- § 1980.102 Obligations and prohibited acts.
- § 1980.103 Filing of retaliation complaints.
- § 1980.104 Investigation.
- § 1980.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1980.106 Objections to the findings and the preliminary order and request for a hearing.
- § 1980.107 Hearings.
- § 1980.108 Role of Federal agencies.
- § 1980.109 Decision and orders of the administrative law judge.
- § 1980.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1980.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1980.112 Judicial review.
- § 1980.113 Judicial enforcement.
- § 1980.114 District court jurisdiction over retaliation complaints.
- § 1980.115 Special circumstances; waiver of rules.
- PART 1981 PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER SECTION 6 OF THE PIPELINE SAFETY IMPROVEMENT ACT OF 2002
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1981.100 Purpose and scope.
- § 1981.101 Definitions.
- § 1981.102 Obligations and prohibited acts.
- § 1981.103 Filing of discrimination complaint.
- § 1981.104 Investigation.
- § 1981.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1981.106 Objections to the findings and the preliminary order and request for a hearing.
- § 1981.107 Hearings.
- § 1981.108 Role of Federal agencies.
- § 1981.109 Decision and orders of the administrative law judge.
- § 1981.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1981.111 Withdrawal of complaints, objections, and findings; settlement.
- § 1981.112 Judicial review.
- § 1981.113 Judicial enforcement.
- § 1981.114 Special circumstances; waiver of rules.
- PART 1982 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE NATIONAL TRANSIT SYSTEMS SECURITY ACT AND THE FEDERAL RAILROAD SAFETY ACT
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1982.100 Purpose and scope.
- § 1982.101 Definitions.
- § 1982.102 Obligations and prohibited acts.
- § 1982.103 Filing of retaliation complaints.
- § 1982.104 Investigation.
- § 1982.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1982.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1982.107 Hearings.
- § 1982.108 Role of Federal agencies.
- § 1982.109 Decision and orders of the administrative law judge.
- § 1982.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1982.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1982.112 Judicial review.
- § 1982.113 Judicial enforcement.
- § 1982.114 District court jurisdiction of retaliation complaints.
- § 1982.115 Special circumstances; waiver of rules.
- PART 1983 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 219 OF THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT OF 2008
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1983.100 Purpose and scope.
- § 1983.101 Definitions.
- § 1983.102 Obligations and prohibited acts.
- § 1983.103 Filing of retaliation complaint.
- § 1983.104 Investigation.
- § 1983.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1983.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1983.107 Hearings.
- § 1983.108 Role of Federal agencies.
- § 1983.109 Decision and orders of the administrative law judge.
- § 1983.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1983.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1983.112 Judicial review.
- § 1983.113 Judicial enforcement.
- § 1983.114 District court jurisdiction of retaliation complaints.
- § 1983.115 Special circumstances; waiver of rules.
- PART 1984 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER SECTION 1558 OF THE AFFORDABLE CARE ACT
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1984.100 Purpose and scope.
- § 1984.101 Definitions.
- § 1984.102 Obligations and prohibited acts.
- § 1984.103 Filing of retaliation complaint.
- § 1984.104 Investigation.
- § 1984.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1984.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1984.107 Hearings.
- § 1984.108 Role of Federal agencies.
- § 1984.109 Decision and orders of the administrative law judge.
- § 1984.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1984.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1984.112 Judicial review.
- § 1984.113 Judicial enforcement.
- § 1984.114 District court jurisdiction of retaliation complaints.
- § 1984.115 Special circumstances; waiver of rules.
- PART 1985 PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE CONSUMER FINANCIAL PROTECTION ACT OF 2010
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1985.100 Purpose and scope.
- § 1985.101 Definitions.
- § 1985.102 Obligations and prohibited acts.
- § 1985.103 Filing of retaliation complaint.
- § 1985.104 Investigation.
- § 1985.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1985.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1985.107 Hearings.
- § 1985.108 Role of Federal agencies.
- § 1985.109 Decision and orders of the administrative law judge.
- § 1985.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1985.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1985.112 Judicial review.
- § 1985.113 Judicial enforcement.
- § 1985.114 District court jurisdiction of retaliation complaints.
- § 1985.115 Special circumstances; waiver of rules.
- PART 1986 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE EMPLOYEE PROTECTION PROVISION OF THE SEAMAN'S PROTECTION ACT (SPA), AS AMENDED
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1986.100 Purpose and scope.
- § 1986.101 Definitions.
- § 1986.102 Obligations and prohibited acts.
- § 1986.103 Filing of retaliation complaints.
- § 1986.104 Investigation.
- § 1986.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1986.106 Objections to the findings and the preliminary order and request for a hearing.
- § 1986.107 Hearings.
- § 1986.108 Role of Federal agencies.
- § 1986.109 Decisions and orders of the administrative law judge.
- § 1986.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1986.111 Withdrawal of SPA complaints, findings, objections, and petitions for review; settlement.
- § 1986.112 Judicial review.
- § 1986.113 Judicial enforcement.
- § 1986.114 District court jurisdiction of retaliation complaints under SPA.
- § 1986.115 Special circumstances; waiver of rules.
- PART 1987 PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 402 OF THE FDA FOOD SAFETY MODERNIZATION ACT
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1987.100 Purpose and scope.
- § 1987.101 Definitions.
- § 1987.102 Obligations and prohibited acts.
- § 1987.103 Filing of retaliation complaint.
- § 1987.104 Investigation.
- § 1987.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1987.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1987.107 Hearings.
- § 1987.108 Role of Federal agencies.
- § 1987.109 Decision and orders of the administrative law judge.
- § 1987.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1987.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1987.112 Judicial review.
- § 1987.113 Judicial enforcement.
- § 1987.114 District court jurisdiction of retaliation complaints.
- § 1987.115 Special circumstances; waiver of rules.
- PART 1988 PROCEDURES FOR HANDLING RETALIATION COMPLAINTS UNDER SECTION 31307 OF THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT (MAP-21)
- Subpart A Complaints, Investigations, Findings and Preliminary Orders
- § 1988.100 Purpose and scope.
- § 1988.101 Definitions.
- § 1988.102 Obligations and prohibited acts.
- § 1988.103 Filing of retaliation complaint.
- § 1988.104 Investigation.
- § 1988.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1988.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1988.107 Hearings.
- § 1988.108 Role of Federal agencies.
- § 1988.109 Decision and orders of the administrative law judge.
- § 1988.110 Decision and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1988.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1988.112 Judicial review.
- § 1988.113 Judicial enforcement.
- § 1988.114 District court jurisdiction of retaliation complaints.
- § 1988.115 Special circumstances; waiver of rules.
- PART 1989 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE TAXPAYER FIRST ACT (TFA)
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1989.100 Purpose and scope.
- § 1989.101 Definitions.
- § 1989.102 Obligations and prohibited acts.
- § 1989.103 Filing of retaliation complaint.
- § 1989.104 Investigation.
- § 1989.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1989.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1989.107 Hearings.
- § 1989.108 Role of Federal agencies.
- § 1989.109 Decisions and orders of the administrative law judge.
- § 1989.110 Decisions and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1989.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1989.112 Judicial review.
- § 1989.113 Judicial enforcement.
- § 1989.114 District court jurisdiction of retaliation complaints.
- § 1989.115 Special circumstances; waiver of rules.
- PART 1990 IDENTIFICATION, CLASSIFICATION, AND REGULATION OF POTENTIAL OCCUPATIONAL CARCINOGENS
- 30 General
- § 1990.101 Scope.
- § 1990.102 Purpose.
- § 1990.103 Definitions.
- § 1990.104 Scientific review panel.
- § 1990.105 Advisory committees.
- § 1990.106 Amendments to this policy.
- 31 The OSHA Cancer Policy
- § 1990.111 General statement of regulatory policy.
- § 1990.112 Classification of potential carcinogens.
- 32 Priority Setting
- § 1990.121 Candidate list of potential occupational carcinogens.
- § 1990.122 Response to petitions.
- § 1990.131 Priority lists for regulating potential occupational carcinogens.
- § 1990.132 Factors to be considered.
- § 1990.133 Publication.
- 33 Regulation of Potential Occupational Carcinogens
- § 1990.141 Advance notice of proposed rulemaking.
- § 1990.142 Initiation of a rulemaking.
- § 1990.143 General provisions for the use of human and animal data.
- § 1990.144 Criteria for consideration of arguments on certain issues.
- § 1990.145 Consideration of substantial new issues or substantial new evidence.
- § 1990.146 Issues to be considered in the rulemaking.
- § 1990.147 Final action.
- 34 Model Standards
- § 1990.151 Model standard pursuant to section 6(b) of the Act.
- § 1990.152 Model emergency temporary standard pursuant to section 6(c) of the Act.
- PART 1991 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE CRIMINAL ANTITRUST ANTI-RETALIATION ACT (CAARA)
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1991.100 Purpose and scope.
- § 1991.101 Definitions.
- § 1991.102 Obligations and prohibited acts.
- § 1991.103 Filing of retaliation complaint.
- § 1991.104 Investigation.
- § 1991.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1991.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1991.107 Hearings.
- § 1991.108 Role of Federal agencies.
- § 1991.109 Decisions and orders of the administrative law judge.
- § 1991.110 Decisions and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1991.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1991.112 Judicial review.
- § 1991.113 Judicial enforcement.
- § 1991.114 District court jurisdiction of retaliation complaints.
- § 1991.115 Special circumstances; waiver of rules.
- PART 1992 PROCEDURES FOR THE HANDLING OF RETALIATION COMPLAINTS UNDER THE ANTI-MONEY LAUNDERING ACT (AMLA)
- Subpart A Complaints, Investigations, Findings, and Preliminary Orders
- § 1992.100 Purpose and scope.
- § 1992.101 Definitions.
- § 1992.102 Obligations and prohibited acts.
- § 1992.103 Filing of retaliation complaint.
- § 1992.104 Investigation.
- § 1992.105 Issuance of findings and preliminary orders.
- Subpart B Litigation
- § 1992.106 Objections to the findings and the preliminary order and requests for a hearing.
- § 1992.107 Hearings.
- § 1992.108 Role of Federal agencies.
- § 1992.109 Decisions and orders of the administrative law judge.
- § 1992.110 Decisions and orders of the Administrative Review Board.
- Subpart C Miscellaneous Provisions
- § 1992.111 Withdrawal of complaints, findings, objections, and petitions for review; settlement.
- § 1992.112 Judicial review.
- § 1992.113 Judicial enforcement.
- § 1992.114 District court jurisdiction of retaliation complaints.
- § 1992.115 Special circumstances; waiver of rules.
- 1993-1999 PARTS 1993-1999 [RESERVED]
- Subtitle B Regulations Relating to Labor (Continued)
- CHAPTER XX OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
- 2000-2199 PARTS 2000-2199 [RESERVED]
- PART 2200 RULES OF PROCEDURE
- Subpart A General Provisions
- § 2200.1 Definitions.
- § 2200.2 Scope of rules; applicability of Federal Rules of Civil Procedure; construction.
- § 2200.3 Use of number.
- § 2200.4 Computing time.
- § 2200.5 Extension of time.
- § 2200.6 Record address.
- § 2200.7 Service, notice, and posting.
- § 2200.8 Filing.
- § 2200.9 Consolidation.
- § 2200.10 Severance.
- § 2200.11 [Reserved]
- § 2200.12 References to cases.
- Subpart B Parties and Representatives
- § 2200.20 Party status.
- § 2200.21 Intervention; appearance by non-parties.
- § 2200.22 Representation of parties and intervenors.
- § 2200.23 Appearances and withdrawals.
- § 2200.24 Brief of an amicus curiae.
- Subpart C Pleadings and Motions
- § 2200.30 General rules.
- § 2200.31 Caption; titles of cases.
- § 2200.32 Signing of pleadings and motions.
- § 2200.33 Notices of contest.
- § 2200.34 Employer contests.
- § 2200.35 Disclosure of corporate parents, subsidiaries, and affiliates.
- § 2200.36 [Reserved]
- § 2200.37 Petitions for modification of the abatement period.
- § 2200.38 Employee contests.
- § 2200.39 Statement of position.
- § 2200.40 Motions and requests.
- § 2200.41 [Reserved]
- Subpart D Prehearing Procedures and Discovery
- § 2200.50 [Reserved]
- § 2200.51 Prehearing conferences and orders.
- § 2200.52 General provisions governing discovery.
- § 2200.53 Production of documents and things.
- § 2200.54 Request for admissions.
- § 2200.55 Interrogatories.
- § 2200.56 Depositions.
- § 2200.57 [Reserved]
- Subpart E Hearings
- § 2200.60 Notice of hearing; location.
- § 2200.61 Submission without hearing.
- § 2200.62 Postponement of hearing.
- § 2200.63 Stay of proceedings.
- § 2200.64 Failure to appear.
- § 2200.65 Issuance of subpoenas; petitions to revoke or modify subpoenas; payment of witness fees and mileage; right to inspect or copy data.
- § 2200.66 Transcript of testimony.
- § 2200.67 Duties and powers of Judges.
- § 2200.68 Recusal of the Judge.
- § 2200.69 Examination of witnesses.
- § 2200.70 Exhibits.
- § 2200.71 Rules of evidence.
- § 2200.72 Objections.
- § 2200.73 Interlocutory review.
- § 2200.74 Filing of briefs and proposed findings with the Judge; oral argument at the hearing.
- Subpart F Posthearing Procedures
- § 2200.90 Decisions and reports of Judges.
- § 2200.91 Discretionary review; petitions for discretionary review; statements in opposition to petitions.
- § 2200.92 Review by the Commission.
- § 2200.93 Briefs before the Commission.
- § 2200.94 [Reserved]
- § 2200.95 Oral argument before the Commission.
- § 2200.96 Commission receipt of copies of petitions for judicial review of Commission orders when petitions for review are filed in two or more courts of appeals with respect to the same order.
- Subpart G Miscellaneous Provisions
- § 2200.100 Settlement.
- § 2200.101 Failure to obey rules.
- § 2200.102 Withdrawal.
- § 2200.103 Expedited proceeding.
- § 2200.104 Standards of conduct.
- § 2200.105 Ex parte communication.
- § 2200.106 Amendment to rules.
- § 2200.107 Special circumstances; waiver of rules.
- § 2200.108 Official Seal of the Occupational Safety and Health Review Commission.
- Subpart H Settlement Part
- § 2200.120 Settlement procedure.
- I Subparts I-L [Reserved]
- Subpart M Simplified Proceedings
- § 2200.200 Purpose.
- § 2200.201 Application.
- § 2200.202 Eligibility for Simplified Proceedings.
- § 2200.203 Commencing Simplified Proceedings.
- § 2200.204 Discontinuance of Simplified Proceedings.
- § 2200.205 Filing of pleadings.
- § 2200.206 Disclosure of information.
- § 2200.207 Pre-hearing conference.
- § 2200.208 Discovery.
- § 2200.209 Hearing.
- § 2200.210 Review of Judge's decision.
- § 2200.211 Applicability of subparts A through G.
- PART 2201 REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT
- § 2201.1 Purpose and scope.
- § 2201.2 Description of agency.
- § 2201.3 Delegation of authority and responsibilities.
- § 2201.4 General policy and definitions.
- § 2201.5 Procedure for requesting records.
- § 2201.6 Responses to requests.
- § 2201.7 Confidential commercial information.
- § 2201.8 Fees for copying, searching, and review.
- § 2201.9 Waiver of fees.
- § 2201.10 Appeal of denials.
- § 2201.11 Maintenance of statistics.
- § 2201.12 Preservation of records.
- Appendix A to Part 2201 Schedule of Fees
- 2202 PART 2202 [RESERVED]
- PART 2203 REGULATIONS IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT
- § 2203.1 Purpose and scope.
- § 2203.2 Definitions.
- § 2203.3 Public attendance at Commission meetings.
- § 2203.4 Procedures applicable to regularly-scheduled meetings.
- § 2203.5 Procedures applicable to other meetings.
- § 2203.6 Certification by the General Counsel.
- § 2203.7 Transcripts, recordings and minutes of closed meetings.
- PART 2204 IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
- Subpart A General Provisions
- § 2204.101 Scope of this part.
- Subpart B Definitions
- § 2204.201 Definitions.
- Subpart C EAJA Application
- § 2204.301 Application requirements.
- § 2204.302 Net worth exhibit.
- § 2204.303 Documentation of fees and expenses.
- Subpart D Procedures for Considering Applications
- § 2204.401 Filing and service of documents.
- § 2204.402 Answer to application.
- § 2204.403 Reply.
- § 2204.404 Settlement.
- § 2204.405 Further proceedings.
- § 2204.406 Decision.
- § 2204.407 Commission review.
- § 2204.408 Judicial review.
- § 2204.409 Stay of decision concerning award.
- § 2204.410 Waiver.
- § 2204.411 Payment of award.
- PART 2205 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION AND IN ACCESSIBILITY OF COMMISSION ELECTRONIC AND INFORMATION TECHNOLOGY
- § 2205.101 Purpose.
- § 2205.102 Application.
- § 2205.103 Definitions.
- §§ 2205.104-2205.110 [Reserved]
- § 2205.111 Notice.
- §§ 2205.112-2205.129 [Reserved]
- § 2205.130 General prohibitions against discrimination.
- §§ 2205.131-2205.134 [Reserved]
- § 2205.135 Electronic and information technology requirements.
- §§ 2205.136-2205.139 [Reserved]
- § 2205.140 Employment.
- §§ 2205.141-2205.148 [Reserved]
- § 2205.149 Program accessibility: discrimination prohibited.
- § 2205.150 Program accessibility: existing facilities.
- § 2205.151 Program accessibility: new construction and alterations.
- §§ 2205.152-2205.159 [Reserved]
- § 2205.160 Communications.
- §§ 2205.161-2205.169 [Reserved]
- § 2205.170 Compliance procedures.
- §§ 2205.171-2205.999 [Reserved]
- PART 2400 REGULATIONS IMPLEMENTING THE PRIVACY ACT
- § 2400.1 Purpose and scope.
- § 2400.2 Description of agency.
- § 2400.3 Delegation of authority.
- § 2400.4 Procedures for requesting notification of and access to personal records.
- § 2400.5 Special procedures for requesting medical records.
- § 2400.6 Procedures for amending personal records.
- § 2400.7 Procedures for appealing.
- § 2400.8 Procedures for statements of disagreement and notification of amendment.
- § 2400.9 Schedule of fees.
- 2401-2499 PARTS 2401-2499 [RESERVED]
- CHAPTER XXV EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR
- SUBCHAPTER A GENERAL
- 2500-2508 PARTS 2500-2508 [RESERVED]
- PART 2509 INTERPRETIVE BULLETINS RELATING TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- § 2509.75-3 Interpretive bulletin relating to investments by employee benefit plans in securities of registered investment companies.
- § 2509.75-4 Interpretive bulletin relating to indemnification of fiduciaries.
- § 2509.75-5 Questions and answers relating to fiduciary responsibility.
- § 2509.75-8 Questions and answers relating to fiduciary responsibility under the Employee Retirement Income Security Act of 1974.
- § 2509.78-1 Interpretive bulletin relating to payments by certain employee welfare benefit plans.
- § 2509.94-3 Interpretive bulletin relating to in-kind contributions to employee benefit plans.
- § 2509.95-1 Interpretive bulletin relating to the fiduciary standards under ERISA when selecting an annuity provider for a defined benefit pension plan.
- § 2509.96-1 Interpretive bulletin relating to participant investment education.
- § 2509.99-1 Interpretive Bulletin Relating to Payroll Deduction IRAs.
- § 2509.2015-02 Interpretive bulletin relating to state savings programs that sponsor or facilitate plans covered by the Employee Retirement Income Security Act of 1974.
- § 2509.2022-01 Interpretive bulletin relating to guidance on independence of accountant retained by employee benefit plan.
- SUBCHAPTER B DEFINITIONS AND COVERAGE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- PART 2510 DEFINITION OF TERMS USED IN SUBCHAPTERS C, D, E, F, G, AND L OF THIS CHAPTER
- § 2510.3-1 Employee welfare benefit plan.
- § 2510.3-2 Employee pension benefit plan.
- § 2510.3-3 Employee benefit plan.
- § 2510.3-5 [Reserved]
- § 2510.3-16 Definition of “plan administrator.”
- § 2510.3-21 Definition of “Fiduciary.”
- § 2510.3-37 Multiemployer plan.
- § 2510.3-38 Filing requirements for State registered investment advisers to be investment managers.
- § 2510.3-40 Plans Established or Maintained Under or Pursuant to Collective Bargaining Agreements Under Section 3(40)(A) of ERISA.
- § 2510.3-44 Registration requirement to serve as a pooled plan provider to pooled employer plans.
- § 2510.3-55 Definition of employer—Association Retirement Plans and other multiple employer pension benefit plans.
- § 2510.3-101 Definition of “plan assets”—plan investments.
- § 2510.3-102 Definition of “plan assets”—participant contributions.
- SUBCHAPTER C REPORTING AND DISCLOSURE UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- PART 2520 RULES AND REGULATIONS FOR REPORTING AND DISCLOSURE
- Subpart A General Reporting and Disclosure Requirements
- § 2520.101-1 Duty of reporting and disclosure.
- § 2520.101-2 Filing by multiple employer welfare arrangements and certain other related entities.
- § 2520.101-3 Notice of blackout periods under individual account plans.
- § 2520.101-4 [Reserved]
- § 2520.101-5 Annual funding notice for defined benefit pension plans.
- § 2520.101-6 Multiemployer pension plan information made available on request.
- Subpart B Contents of Plan Descriptions and Summary Plan Descriptions
- § 2520.102-1 [Reserved]
- § 2520.102-2 Style and format of summary plan description.
- § 2520.102-3 Contents of summary plan description.
- § 2520.102-4 Option for different summary plan descriptions.
- Subpart C Annual Report Requirements
- § 2520.103-1 Contents of the annual report.
- § 2520.103-2 Contents of the annual report for a group insurance arrangement.
- § 2520.103-3 Exemption from certain annual reporting requirements for assets held in a common or collective trust.
- § 2520.103-4 Exemption from certain annual reporting requirements for assets held in an insurance company pooled separate account.
- § 2520.103-5 Transmittal and certification of information to plan administrator for annual reporting purposes.
- § 2520.103-6 Definition of reportable transaction for Annual Return/Report.
- § 2520.103-8 Limitation on scope of accountant's examination.
- § 2520.103-9 Direct filing for bank or insurance carrier trusts and accounts.
- § 2520.103-10 Annual report financial schedules.
- § 2520.103-11 Assets held for investment purposes.
- § 2520.103-12 Limited exemption and alternative method of compliance for annual reporting of investments in certain entities.
- § 2520.103-13 Special terminal report for abandoned plans.
- § 2520.103-14 Contents of the annual report for defined contribution group (DCG) reporting arrangements.
- Subpart D Provisions Applicable to Both Reporting and Disclosure Requirements
- § 2520.104-1 General.
- §§ 2520.104-2--2520.104-3 [Reserved]
- § 2520.104-4 Alternative method of compliance for certain successor pension plans.
- §§ 2520.104-5--2520.104-6 [Reserved]
- § 2520.104-20 Limited exemption for certain small welfare plans.
- § 2520.104-21 Limited exemption for certain group insurance arrangements.
- § 2520.104-22 Exemption from reporting and disclosure requirements for apprenticeship and training plans.
- § 2520.104-23 Alternative method of compliance for pension plans for certain selected employees.
- § 2520.104-24 Exemption for welfare plans for certain selected employees.
- § 2520.104-25 Exemption from reporting and disclosure for day care centers.
- § 2520.104-26 Limited exemption for certain unfunded dues financed welfare plans maintained by employee organizations.
- § 2520.104-27 Alternative method of compliance for certain unfunded dues financed pension plans maintained by employee organizations.
- § 2520.104-28 [Reserved]
- § 2520.104-41 Simplified annual reporting requirements for plans with fewer than 100 participants.
- § 2520.104-42 Waiver of certain actuarial information in the annual report.
- § 2520.104-43 Exemption from annual reporting requirement for certain group insurance arrangements.
- § 2520.104-44 Limited exemption and alternative method of compliance for annual reporting by unfunded plans and by certain insured plans.
- § 2520.104-45 [Reserved]
- § 2520.104-46 Waiver of examination and report of an independent qualified public accountant for employee benefit plans with fewer than 100 participants.
- § 2520.104-47 Limited exemption and alternative method of compliance for filing of insurance company financial reports.
- § 2520.104-48 Alternative method of compliance for model simplified employee pensions—IRS Form 5305-SEP.
- § 2520.104-49 Alternative method of compliance for certain simplified employee pensions.
- § 2520.104-50 Short plan years, deferral of accountant's examination and report.
- § 2520.104-51 Alternative method of compliance for defined contribution group (DCG) reporting arrangements.
- Subpart E Reporting Requirements
- § 2520.104a-1 Filing with the Secretary of Labor.
- § 2520.104a-2 Electronic filing of annual reports.
- §§ 2520.104a-3--2520.104a-4 [Reserved]
- § 2520.104a-5 Annual reporting filing requirements.
- § 2520.104a-6 Annual reporting for plans which are part of a group insurance arrangement.
- § 2520.104a-7 [Reserved]
- § 2520.104a-8 Requirement to furnish documents to the Secretary of Labor on request.
- § 2520.104a-9 Annual reporting for defined contribution group (DCG) reporting arrangements.
- Subpart F Disclosure Requirements
- § 2520.104b-1 Disclosure.
- § 2520.104b-2 Summary plan description.
- § 2520.104b-3 Summary of material modifications to the plan and changes in the information required to be included in the summary plan description.
- § 2520.104b-4 Alternative methods of compliance for furnishing the summary plan description and summaries of material modifications of a pension plan to a retired participant, a separated participant with vested benefits, and a beneficiary receiving benefits.
- § 2520.104b-10 Summary Annual Report.
- § 2520.104b-30 Charges for documents.
- § 2520.104b-31 Alternative method for disclosure through electronic media—Notice-and-access.
- §§ 2520.105-1--2520.105-2 [Reserved]
- § 2520.105-3 Lifetime income disclosure for individual account plans.
- Appendix A to Subpart F of Part 2520 Model Benefit Statement Supplement
- Appendix B to Subpart F of Part 2520 Model Benefit Statement Supplement—Plans That Offer Distribution Annuities
- Subpart G Recordkeeping Requirements
- § 2520.107-1 Use of electronic media for maintenance and retention of records.
- SUBCHAPTER D MINIMUM STANDARDS FOR EMPLOYEE PENSION BENEFIT PLANS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- PART 2530 RULES AND REGULATIONS FOR MINIMUM STANDARDS FOR EMPLOYEE PENSION BENEFIT PLANS
- Subpart A Scope and General Provisions
- § 2530.200a Scope.
- § 2530.200a-1 Relationship of the Act and the Internal Revenue Code of 1954.
- § 2530.200a-2 Treasury regulations for purposes of the Act.
- § 2530.200a-3 Labor regulations for purposes of the Internal Revenue Code of 1954.
- § 2530.200b-1 Computation periods.
- § 2530.200b-2 Hour of service.
- § 2530.200b-3 Determination of service to be credited to employees.
- § 2530.200b-4 One-year break in service.
- § 2530.200b-5 Seasonal industries. [Reserved]
- § 2530.200b-6 Maritime industry.
- § 2530.200b-7 Day of service for employees in the maritime industry.
- § 2530.200b-8 Determination of days of service to be credited to maritime employees.
- § 2530.201-1 Coverage; general.
- § 2530.201-2 Plans covered by part 2530.
- Subpart B Participation, Vesting and Benefit Accrual
- § 2530.202-1 Eligibility to participate; general.
- § 2530.202-2 Eligibility computation period.
- § 2530.203-1 Vesting; general.
- § 2530.203-2 Vesting computation period.
- § 2530.203-3 Suspension of pension benefits upon employment.
- § 2530.204-1 Year of participation for benefit accrual.
- § 2530.204-2 Accrual computation period.
- § 2530.204-3 Alternative computation methods for benefit accrual.
- § 2530.204-4 Deferral of benefit accrual.
- Subpart C Form and Payment of Benefits
- § 2530.205 [Reserved]
- § 2530.206 Time and order of issuance of domestic relations orders.
- Subpart D Plan Administration as Related to Benefits
- §§ 2530.207-2530.209 [Reserved]
- § 2530.210 Employer or employers maintaining the plan.
- E [RESERVED] SUBCHAPTER E [RESERVED]
- SUBCHAPTER F FIDUCIARY RESPONSIBILITY UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- PART 2550 RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY
- § 2550.401c-1 Definition of “plan assets”—insurance company general accounts.
- § 2550.403a-1 Establishment of trust.
- § 2550.403b-1 Exemptions from trust requirement.
- § 2550.404a-1 Investment duties.
- § 2550.404a-2 Safe harbor for automatic rollovers to individual retirement plans.
- § 2550.404a-3 Safe harbor for distributions from terminated individual account plans.
- § 2550.404a-4 Selection of annuity providers—safe harbor for individual account plans.
- § 2550.404a-5 Fiduciary requirements for disclosure in participant-directed individual account plans.
- § 2550.404b-1 Maintenance of the indicia of ownership of plan assets outside the jurisdiction of the district courts of the United States.
- § 2550.404c-1 ERISA section 404(c) plans.
- § 2550.404c-5 Fiduciary relief for investments in qualified default investment alternatives.
- § 2550.407a-1 General rule for the acquisition and holding of employer securities and employer real property.
- § 2550.407a-2 Limitation with respect to the acquisition of qualifying employer securities and qualifying employer real property.
- § 2550.407d-5 Definition of the term “qualifying employer security”.
- § 2550.407d-6 Definition of the term “employee stock ownership plan”.
- § 2550.408b-1 General statutory exemption for loans to plan participants and beneficiaries who are parties in interest with respect to the plan.
- § 2550.408b-2 General statutory exemption for services or office space.
- § 2550.408b-3 Loans to Employee Stock Ownership Plans.
- § 2550.408b-4 Statutory exemption for investments in deposits of banks or similar financial institutions.
- § 2550.408b-6 Statutory exemption for ancillary services by a bank or similar financial institution.
- § 2550.408b-19 Statutory exemption for cross-trading of securities.
- § 2550.408c-2 Compensation for services.
- § 2550.408e Statutory exemption for acquisition or sale of qualifying employer securities and for acquisition, sale, or lease of qualifying employer real property.
- § 2550.408g-1 Investment advice—participants and beneficiaries.
- § 2550.408g-2 Investment advice—fiduciary election.
- § 2550.412-1 Temporary bonding requirements.
- Appendix A to Part 2550 Model Notice for Section 404a-3
- SUBCHAPTER G ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- PART 2560 RULES AND REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT
- § 2560.502-1 Requests for enforcement pursuant to section 502(b)(2).
- § 2560.502c-2 Civil penalties under section 502(c)(2).
- § 2560.502c-4 Civil penalties under section 502(c)(4).
- § 2560.502c-5 Civil penalties under section 502(c)(5).
- § 2560.502c-6 Civil penalties under section 502(c)(6).
- § 2560.502c-7 Civil penalties under section 502(c)(7).
- § 2560.502c-8 Civil penalties under section 502(c)(8).
- § 2560.502i-1 Civil penalties under section 502(i).
- § 2560.503-1 Claims procedure.
- § 2560.521-1 Cease and desist and seizure orders under section 521.
- § 2560.521-2 Disclosure of order and proceedings.
- § 2560.521-3 Effect on other enforcement authority.
- § 2560.521-4 Cross-reference.
- PART 2570 PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
- Subpart A Procedures for the Assessment of Civil Sanctions Under ERISA Section 502(i)
- § 2570.1 Scope of rules.
- § 2570.2 Definitions.
- § 2570.3 Service: Copies of documents and pleadings.
- § 2570.4 Parties.
- § 2570.5 Consequences of default.
- § 2570.6 Consent order or settlement.
- § 2570.7 Scope of discovery.
- § 2570.8 Summary decision.
- § 2570.9 Decision of the administrative law judge.
- § 2570.10 Review by the Secretary.
- § 2570.11 Scope of review.
- § 2570.12 Procedures for review by the Secretary.
- Subpart B Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications
- § 2570.30 Scope of this subpart.
- § 2570.31 Definitions.
- § 2570.32 Persons who may apply for exemptions and the administrative record.
- § 2570.33 Applications the Department will not ordinarily consider.
- § 2570.34 Information to be included in every exemption application.
- § 2570.35 Information to be included in applications for individual exemptions only.
- § 2570.36 Where to file an application.
- § 2570.37 Duty to amend and supplement exemption applications.
- § 2570.38 Tentative denial letters.
- § 2570.39 Opportunities to submit additional information.
- § 2570.40 Conferences.
- § 2570.41 Final denial letters.
- § 2570.42 Notice of proposed exemption.
- § 2570.43 Notification of interested persons by applicant.
- § 2570.44 Withdrawal of exemption applications.
- § 2570.45 Requests for reconsideration.
- § 2570.46 Hearings in opposition to exemptions from restrictions on fiduciary self-dealing and conflicts of interest.
- § 2570.47 Other hearings.
- § 2570.48 Decision to grant exemptions.
- § 2570.49 Limits on the effect of exemptions.
- § 2570.50 Revocation or modification of exemptions.
- § 2570.51 Public inspection and copies.
- § 2570.52 Effective date.
- Subpart C Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(2)
- § 2570.60 Scope of rules.
- § 2570.61 Definitions.
- § 2570.62 Service: Copies of documents and pleadings.
- § 2570.63 Parties, how designated.
- § 2570.64 Consequences of default.
- § 2570.65 Consent order or settlement.
- § 2570.66 Scope of discovery.
- § 2570.67 Summary decision.
- § 2570.68 Decision of the administrative law judge.
- § 2570.69 Review by the Secretary.
- § 2570.70 Scope of review.
- § 2570.71 Procedures for review by the Secretary.
- Subpart D Procedure for the Assessment of Civil Penalties Under ERISA Section 502(l)
- § 2570.80 Scope of rules.
- § 2570.81 In general.
- § 2570.82 Definitions.
- § 2570.83 Assessment of civil penalty.
- § 2570.84 Payment of civil penalty.
- § 2570.85 Waiver or reduction of civil penalty.
- § 2570.86 Reduction of penalty by other penalty assessments.
- § 2570.87 Revision of assessment.
- § 2570.88 Effective date.
- Subpart E Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(5)
- § 2570.90 Scope of rules.
- § 2570.91 Definitions.
- § 2570.92 Service: Copies of documents and pleadings.
- § 2570.93 Parties, how designated.
- § 2570.94 Consequences of default.
- § 2570.95 Consent order or settlement.
- § 2570.96 Scope of discovery.
- § 2570.97 Summary decision.
- § 2570.98 Decision of the administrative law judge.
- § 2570.99 Review by the Secretary.
- § 2570.100 Scope of review.
- § 2570.101 Procedures for review by the Secretary.
- Subpart F Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(6)
- § 2570.110 Scope of rules.
- § 2570.111 Definitions.
- § 2570.112 Service: Copies of documents and pleadings.
- § 2570.113 Parties, how designated.
- § 2570.114 Consequences of default.
- § 2570.115 Consent order or settlement.
- § 2570.116 Scope of discovery.
- § 2570.117 Summary decision.
- § 2570.118 Decision of the administrative law judge.
- § 2570.119 Review by the Secretary.
- § 2570.120 Scope of review.
- § 2570.121 Procedures for review by the Secretary.
- Subpart G Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(7)
- § 2570.130 Scope of rules.
- § 2570.131 Definitions.
- § 2570.132 Service: Copies of documents and pleadings.
- § 2570.133 Parties, how designated.
- § 2570.134 Consequences of default.
- § 2570.135 Consent order or settlement.
- § 2570.136 Scope of discovery.
- § 2570.137 Summary decision.
- § 2570.138 Decision of the administrative law judge.
- § 2570.139 Review by the Secretary.
- § 2570.140 Scope of review.
- § 2570.141 Procedures for review by the Secretary.
- Subpart H Procedures for Issuance of Findings Under ERISA Sec. 3(40)
- § 2570.150 Scope of rules.
- § 2570.151 In general.
- § 2570.152 Definitions.
- § 2570.153 Parties.
- § 2570.154 Filing and contents of petition.
- § 2570.155 Service.
- § 2570.156 Expedited proceedings.
- § 2570.157 Allocation of burden of proof.
- § 2570.158 Decision of the Administrative Law Judge.
- § 2570.159 Review by the Secretary.
- Subpart I Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(8)
- § 2570.160 Scope of rules.
- § 2570.161 Definitions.
- § 2570.162 Service: Copies of documents and pleadings.
- § 2570.163 Parties, how designated.
- § 2570.164 Consequences of default.
- § 2570.165 Consent order or settlement.
- § 2570.166 Scope of discovery.
- § 2570.167 Summary decision.
- § 2570.168 Decision of the administrative law judge.
- § 2570.169 Review by the Secretary.
- § 2570.170 Scope of review.
- § 2570.171 Procedures for review by the Secretary.
- PART 2571 PROCEDURAL REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT
- Subpart A Procedures for Administrative Hearings on the Issuance of Cease and Desist Orders Under ERISA Section 521—Multiple Employer Welfare Arrangements
- § 2571.1 Scope of rules.
- § 2571.2 Definitions.
- § 2571.3 Service: copies of documents and pleadings.
- § 2571.4 Parties.
- § 2571.5 Consequences of default.
- § 2571.6 Consent order or settlement.
- § 2571.7 Scope of discovery.
- § 2571.8 Summary decision.
- § 2571.9 Decision of the administrative law judge.
- § 2571.10 Review by the Secretary.
- § 2571.11 Scope of review by the Secretary.
- § 2571.12 Procedures for review by the Secretary.
- § 2571.13 Effective date.
- B Subpart B [Reserved]
- PART 2575 ADJUSTMENT OF CIVIL PENALTIES UNDER ERISA TITLE I
- Subpart A Adjustment of Civil Penalties Under ERISA Title I
- § 2575.1 In general.
- § 2575.2 Catch-up adjustments to civil monetary penalties.
- § 2575.3 Subsequent adjustments to civil monetary penalties.
- § 2575.502c-1 Adjusted civil penalty under section 502(c)(1).
- § 2575.502c-3 Adjusted civil penalty under section 502(c)(3).
- B Subparts B-D [Reserved]
- PART 2578 RULES AND REGULATIONS FOR ABANDONED PLANS
- § 2578.1 Termination of abandoned individual account plans.
- 0
- Appendix A to Part 2578 Model Notice of Intent To Terminate Abandoned Plan
- Appendix B to Part 2578 Model Notice of Plan Abandonment and Intent To Serve as Qualified Termination Administrator (for Plans Found Abandoned Pursuant to 29 CFR 2578.1(b))
- Appendix C to Part 2578 Model Notice of Intent To Serve as Qualified Termination Administrator (for Plans Deemed Abandoned Pursuant to 29 CFR 2578.1(j)(2))
- Appendix D to Part 2578 Model Notice of Plan Termination
- Appendix E to Part 2578 Model Abandoned Plans Final Notice
- H [RESERVED] SUBCHAPTER H [RESERVED]
- SUBCHAPTER I TEMPORARY BONDING RULES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
- PART 2580 TEMPORARY BONDING RULES
- Subpart A Criteria for Determining Who Must Be Bonded
- § 2580.412-1 Statutory provisions.
- § 2580.412-2 Plans exempt from the coverage of section 13.
- § 2580.412-3 Plan administrators, officers and employees for purposes of section 13.
- § 2580.412-4 “Funds or other property” of a plan.
- § 2580.412-5 Determining when “funds or other property” belong to a plan.
- § 2580.412-6 Determining when “funds or other property” are “handled” so as to require bonding.
- Subpart B Scope and Form of the Bond
- § 2580.412-7 Statutory provision—scope of the bond.
- § 2580.412-8 The nature of the duties or activities to which the bonding requirement relates.
- § 2580.412-9 Meaning of fraud or dishonesty.
- § 2580.412-10 Individual or schedule or blanket form of bonds.
- Subpart C Amount of the Bond
- § 2580.412-11 Statutory provision.
- § 2580.412-12 Relationship of determining the amount of the bond to “handling”.
- § 2580.412-13 The meaning of “funds” in determining the amount of the bond.
- § 2580.412-14 Determining the amount of funds “handled” during the preceding reporting year.
- § 2580.412-15 Procedures to be used for estimating the amount of funds to be “handled” during the current reporting year in those cases where there is no preceding reporting year.
- § 2580.412-16 Amount of bond required in given types of bonds or where more than one plan is insured in the same bond.
- § 2580.412-17 Bonds over $500,000.
- Subpart D General Bond Rules
- § 2580.412-18 Naming of insureds.
- § 2580.412-19 Term of the bond, discovery period, other bond clauses.
- § 2580.412-20 Use of existing bonds, separate bonds and additional bonding.
- Subpart E Qualified Agents, Brokers and Surety Companies for the Placing of Bonds
- § 2580.412-21 Corporate sureties holding grants of authority from the Secretary of the Treasury.
- § 2580.412-22 Interests held in agents, brokers and surety companies.
- Subpart F Exemptions
- 6 Bonds Placed With Certain Reinsuring Companies
- § 2580.412-23 Exemption.
- § 2580.412-24 Conditions of exemption.
- 7 Bonds Placed With Underwriters at Lloyds, London
- § 2580.412-25 Exemption.
- § 2580.412-26 Conditions of exemption.
- 8 Banking Institutions Subject to Federal Regulation
- § 2580.412-27 Exemption.
- § 2580.412-28 Conditions of exemption.
- 9 Savings and Loan Associations Subject to Federal Regulation
- § 2580.412-29 Exemption.
- § 2580.412-30 Conditions of exemption.
- 10 Insurance Carriers, Service and Other Similar Organizations
- § 2580.412-31 Exemption.
- § 2580.412-32 Conditions of exemption.
- Subpart G Prohibition Against Bonding by Parties Interested in the Plan
- § 2580.412-33 Introductory statement.
- § 2580.412-34 General.
- § 2580.412-35 Disqualification of agents, brokers and sureties.
- § 2580.412-36 Application of 13(c) to “party in interest”.
- SUBCHAPTER J FIDUCIARY RESPONSIBILITY UNDER THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF 1986
- PART 2582 RULES AND REGULATIONS FOR FIDUCIARY RESPONSIBILITY
- Subpart A Temporary Bonding Rules
- § 2582.8478-1 Temporary bonding requirements.
- § 2582.8478-2 Amount of the bond.
- Subpart B Permanent Bonding Rules
- § 2582.8478-3 Permanent bonding requirements.
- § 2582.8478-4 Permanent amount of the bond.
- PART 2584 RULES AND REGULATIONS FOR THE ALLOCATION OF FIDUCIARY RESPONSIBILITY
- § 2584.8477(e)-1 General.
- § 2584.8477(e)-2 Allocation of fiduciary duties.
- § 2584.8477(e)-3 Procedures for allocation.
- § 2584.8477(e)-4 Revocation and termination of allocation.
- § 2584.8477(e)-5 Effect of allocation.
- § 2584.8477(e)-6 Definitions.
- § 2584.8477(e)-7 Effective date.
- SUBCHAPTER K ADMINISTRATION AND ENFORCEMENT UNDER THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF 1986
- PART 2589 RULES AND REGULATIONS FOR ADMINISTRATION AND ENFORCEMENT
- § 2589.1 Civil penalties under section 8477(e)(1)(B) of FERSA.
- SUBCHAPTER L GROUP HEALTH PLANS
- PART 2590 RULES AND REGULATIONS FOR GROUP HEALTH PLANS
- Subpart A Continuation Coverage, Qualified Medical Child Support Orders, Coverage for Adopted Children
- § 2590.606-1 General notice of continuation coverage.
- § 2590.606-2 Notice requirement for employers.
- § 2590.606-3 Notice requirements for covered employees and qualified beneficiaries.
- § 2590.606-4 Notice requirements for plan administrators.
- § 2590.609-1 [Reserved]
- § 2590.609-2 National Medical Support Notice.
- Subpart B Health Coverage Portability, Nondiscrimination, and Renewability
- § 2590.701-1 Basis and scope.
- § 2590.701-2 Definitions.
- § 2590.701-3 Limitations on preexisting condition exclusion period.
- § 2590.701-4 Rules relating to creditable coverage.
- § 2590.701-5 Evidence of creditable coverage.
- § 2590.701-6 Special enrollment periods.
- § 2590.701-7 HMO affiliation period as an alternative to a preexisting condition exclusion.
- § 2590.701-8 Interaction With the Family and Medical Leave Act. [Reserved]
- § 2590.702 Prohibiting discrimination against participants and beneficiaries based on a health factor.
- § 2590.702-1 Additional requirements prohibiting discrimination based on genetic information.
- § 2590.702-2 Special rule allowing integration of Health Reimbursement Arrangements (HRAs) and other account-based group health plans with individual health insurance coverage and Medicare and prohibiting discrimination in HRAs and other account-based group health plans.
- § 2590.703 Guaranteed renewability in multiemployer plans and multiple employer welfare arrangements. [Reserved]
- Subpart C Other Requirements
- § 2590.711 Standards relating to benefits for mothers and newborns.
- § 2590.712 Parity in mental health and substance use disorder benefits.
- § 2590.712-1 Nonquantitative treatment limitation comparative analysis requirements.
- § 2590.715-1251 Preservation of right to maintain existing coverage.
- § 2590.715-2704 Prohibition of preexisting condition exclusions.
- § 2590.715-2705 Prohibiting discrimination against participants and beneficiaries based on a health factor.
- § 2590.715-2708 Prohibition on waiting periods that exceed 90 days.
- § 2590.715-2711 No lifetime or annual limits.
- § 2590.715-2712 Rules regarding rescissions.
- § 2590.715-2713 Coverage of preventive health services.
- § 2590.715-2713A Accommodations in connection with coverage of preventive health services.
- § 2590.715-2714 Eligibility of children until at least age 26.
- § 2590.715-2715 Summary of benefits and coverage and uniform glossary.
- § 2590.715-2715A1 Transparency in coverage—definitions.
- § 2590.715-2715A2 Transparency in coverage—required disclosures to participants and beneficiaries.
- § 2590.715-2715A3 Transparency in coverage—requirements for public disclosure.
- § 2590.715-2719 Internal claims and appeals and external review processes.
- § 2590.715-2719A Patient protections.
- Subpart D Surprise Billing and Transparency Requirements
- § 2590.716-1 Basis and scope.
- § 2590.716-2 Applicability.
- § 2590.716-3 Definitions.
- § 2590.716-4 Preventing surprise medical bills for emergency services.
- § 2590.716-5 Preventing surprise medical bills for non-emergency services performed by nonparticipating providers at certain participating facilities.
- § 2590.716-6 Methodology for calculating qualifying payment amount.
- § 2590.716-6A Use of claim adjustment reason codes and remittance advice remark codes.
- § 2590.716-7 Complaints process for surprise medical bills regarding group health plans and group health insurance coverage.
- § 2590.716-8 Independent dispute resolution process.
- § 2590.716-9 Federal independent dispute resolution registry of group health plans, health insurance issuers, and Federal Employees Health Benefits Program Carriers.
- § 2590.717-1 Preventing surprise medical bills for air ambulance services.
- § 2590.717-2 Independent dispute resolution process for air ambulance services.
- § 2590.722 Choice of health care professional.
- § 2590.725-1 Definitions.
- § 2590.725-2 Reporting requirements related to prescription drug and health care spending.
- § 2590.725-3 Aggregate reporting.
- § 2590.725-4 Required information.
- Subpart E General Provisions Related to Subparts B and C
- § 2590.731 Preemption; State flexibility; construction.
- § 2590.732 Special rules relating to group health plans.
- § 2590.734 Enforcement. [Reserved]
- § 2590.736 Applicability dates.
- 2591-2599 PARTS 2591-2599 [RESERVED]
- CHAPTER XXVII FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
- PART 2700 PROCEDURAL RULES
- Subpart A General Provisions
- § 2700.1 Scope; applicability of other rules; construction.
- § 2700.2 Definitions.
- § 2700.3 Who may appear before the Commission as a representative of a party.
- § 2700.4 Parties, intervenors, and amici curiae.
- § 2700.5 General requirements for pleadings and other documents; filing requirements; status or informational requests.
- § 2700.6 Signing of documents.
- § 2700.7 Service.
- § 2700.8 Computation of time.
- § 2700.9 Extensions of time.
- § 2700.10 Motions.
- § 2700.11 Withdrawal of filing.
- § 2700.12 Consolidation of proceedings.
- Subpart B Contests of Citations and Orders
- § 2700.20 Notice of contest of a citation or order issued under section 104 of the Act.
- § 2700.21 Effect of filing notice of contest of citation or order.
- § 2700.22 Notice of contest of imminent danger withdrawal orders under section 107 of the Act.
- § 2700.23 Review of a subsequent citation or order.
- § 2700.24 Emergency response plan dispute proceedings.
- Subpart C Contests of Proposed Penalties
- § 2700.25 Proposed penalty assessment.
- § 2700.26 Notice of contest of proposed penalty assessment.
- § 2700.27 Effect of failure to contest proposed penalty assessment.
- § 2700.28 Filing of petition for assessment of penalty with the Commission.
- § 2700.29 Answer.
- § 2700.30 Assessment of penalty.
- § 2700.31 Penalty settlement.
- Subpart D Complaints for Compensation
- § 2700.35 Time to file.
- § 2700.36 Contents of complaint.
- § 2700.37 Answer.
- Subpart E Complaints of Discharge, Discrimination or Interference
- § 2700.40 Who may file.
- § 2700.41 Time to file.
- § 2700.42 Contents of complaint.
- § 2700.43 Answer.
- § 2700.44 Petition for assessment of penalty in discrimination or interference cases.
- § 2700.45 Temporary reinstatement proceedings.
- Subpart F Applications for Temporary Relief
- § 2700.46 Procedure.
- § 2700.47 Contents of application.
- Subpart G Hearings
- § 2700.50 Assignment of ALJs.
- § 2700.51 Hearing dates and sites.
- § 2700.52 Expedition of proceedings.
- § 2700.53 Prehearing conferences and statements.
- § 2700.54 Notice of hearing.
- § 2700.55 Powers of ALJs.
- § 2700.56 Discovery; general.
- § 2700.57 Depositions.
- § 2700.58 Interrogatories, requests for admissions and requests for production of documents.
- § 2700.59 Failure to cooperate in discovery; sanctions.
- § 2700.60 Subpoenas.
- § 2700.61 Name of miner informant.
- § 2700.62 Name of miner witness.
- § 2700.63 Evidence; presentation of case.
- § 2700.64 Exhibits.
- § 2700.65 Proposed findings, conclusions and orders.
- § 2700.66 Summary disposition of proceedings.
- § 2700.67 Summary decision of the Judge.
- § 2700.68 Substitution of the ALJ.
- § 2700.69 Decision of the ALJ.
- Subpart H Review by the Commission
- § 2700.70 Petitions for discretionary review.
- § 2700.71 Review by the Commission on its own motion.
- § 2700.72 [Reserved]
- § 2700.73 Procedure for intervention.
- § 2700.74 Procedure for participation as amicus curiae.
- § 2700.75 Briefs.
- § 2700.76 Interlocutory review.
- § 2700.77 Oral argument.
- § 2700.78 Reconsideration.
- § 2700.79 Correction of clerical errors.
- Subpart I Miscellaneous
- § 2700.80 Standards of conduct; disciplinary proceedings.
- § 2700.81 Recusal and disqualification.
- § 2700.82 Ex parte communications.
- § 2700.83 Authority to sign orders.
- J Subpart J [Reserved]
- PART 2701 GOVERNMENT IN THE SUNSHINE ACT REGULATIONS
- § 2701.1 Purpose and scope.
- § 2701.2 Open meetings policy; closure of meetings.
- § 2701.3 Announcement of meetings.
- § 2701.4 Request to open or close meeting.
- § 2701.5 Petition for review.
- § 2701.6 Discussion during open meetings.
- § 2701.7 Expedited closing procedure.
- PART 2702 REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT
- § 2702.1 Purpose and scope.
- § 2702.2 Location of offices.
- § 2702.3 Making a request for information.
- § 2702.4 Response to request; processing; determinations.
- § 2702.5 Right to appeal.
- § 2702.6 Confidential commercial information.
- § 2702.7 Materials available.
- § 2702.8 Categories of requesters and applicable fees.
- § 2702.9 Fee schedule.
- § 2702.10 Waivers and reduction of fees.
- § 2702.11 Payment of fees; advance payments; interest; debt collection.
- § 2702.12 Preservation of records.
- PART 2703 EMPLOYEE RESPONSIBILITIES AND CONDUCT
- § 2703.1 Cross-reference to employee ethical conduct standards and financial disclosure regulations.
- § 2703.2 Designated agency ethics official and alternate designated agency ethics official.
- PART 2704 IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS
- Subpart A General Provisions
- § 2704.100 Purpose of these rules.
- § 2704.101 Definitions.
- § 2704.102 Applicability.
- § 2704.103 Proceedings covered.
- § 2704.104 Eligibility of applicants.
- § 2704.105 Standards for awards.
- § 2704.106 Allowable fees and expenses.
- § 2704.107 Rulemaking on maximum rates for attorney's fees.
- § 2704.108 Awards.
- § 2704.109 Delegations of authority.
- Subpart B Information Required From Applicants
- § 2704.201 Contents of application—in general.
- § 2704.202 Contents of application—where the applicant has prevailed.
- § 2704.203 Contents of application—where the Secretary's demand is substantially in excess of the judgment finally obtained and unreasonable.
- § 2704.204 Confidential financial information.
- § 2704.205 Documentation of fees and expenses.
- § 2704.206 When an application may be filed.
- Subpart C Procedures for Considering Applications
- § 2704.301 Filing and service of documents.
- § 2704.302 Answer to application.
- § 2704.303 Reply.
- § 2704.304 Comments by other parties.
- § 2704.305 Settlement.
- § 2704.306 Further proceedings on the application.
- § 2704.307 Decision of administrative law judge.
- § 2704.308 Commission review.
- § 2704.309 Judicial review.
- § 2704.310 Payment of award.
- PART 2705 PRIVACY ACT IMPLEMENTATION
- § 2705.1 Purpose and scope.
- § 2705.2 Definitions.
- § 2705.3 Procedure for requests pertaining to individuals' records in a records system.
- § 2705.4 Times, places, and requirements for the identification of the individual making a request.
- § 2705.5 Access to requested information to the individual.
- § 2705.6 Request for correction or amendment to the record.
- § 2705.7 Agency review of request for correction or amendment of the record.
- § 2705.8 Appeal of an initial adverse Commission determination on correction or amendment of the record.
- § 2705.9 Disclosure of record to a person other than the individual to whom the record pertains.
- § 2705.10 Fees.
- PART 2706 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
- § 2706.101 Purpose.
- § 2706.102 Application.
- § 2706.103 Definitions.
- §§ 2706.104-2706.109 [Reserved]
- § 2706.110 Self-evaluation.
- § 2706.111 Notice.
- §§ 2706.112-2706.129 [Reserved]
- § 2706.130 General prohibitions against discrimination.
- §§ 2706.131-2706.139 [Reserved]
- § 2706.140 Employment.
- §§ 2706.141-2706.148 [Reserved]
- § 2706.149 Program accessibility: Discrimination prohibited.
- § 2706.150 Program accessibility: Existing facilities.
- § 2706.151 Program accessibility: New construction and alterations.
- §§ 2706.152-2706.159 [Reserved]
- § 2706.160 Communications.
- §§ 2706.161-2706.169 [Reserved]
- § 2706.170 Compliance procedures.
- §§ 2706.171-2706.999 [Reserved]
- 2707-2799 PARTS 2707-2799 [RESERVED]
- CHAPTER XL PENSION BENEFIT GUARANTY CORPORATION
- SUBCHAPTER A GENERAL
- PART 4000 FILING, ISSUANCE, COMPUTATION OF TIME, AND RECORD RETENTION
- Subpart A Filing Rules
- § 4000.1 What are these filing rules about?
- § 4000.2 What definitions do I need to know for these rules?
- § 4000.3 What methods of filing may I use?
- § 4000.4 Where do I file my submission?
- § 4000.5 Does the PBGC have discretion to waive these filing requirements?
- Subpart B Issuance Rules
- § 4000.11 What are these issuance rules about?
- § 4000.12 What definitions do I need to know for these rules?
- § 4000.13 What methods of issuance may I use?
- § 4000.14 What is the safe-harbor method for providing an issuance by electronic media?
- § 4000.15 Does the PBGC have discretion to waive these issuance requirements?
- Subpart C Determining Filing and Issuance Dates
- § 4000.21 What are these rules for determining the filing or issuance date about?
- § 4000.22 What definitions do I need to know for these rules?
- § 4000.23 When is my submission or issuance treated as filed or issued?
- § 4000.24 What if I mail my submission or issuance using the U.S. Postal Service?
- § 4000.25 What if I use the postal service of a foreign country?
- § 4000.26 What if I use a commercial delivery service?
- § 4000.27 What if I hand deliver my submission or issuance?
- § 4000.28 [Reserved]
- § 4000.29 What if I use electronic delivery?
- § 4000.30 What if I need to resend my filing or issuance for technical reasons?
- § 4000.31 Is my issuance untimely if I miss a few participants or beneficiaries?
- § 4000.32 Does the PBGC have discretion to waive any requirements under this part?
- Subpart D Computation of Time
- § 4000.41 What are these computation-of-time rules about?
- § 4000.42 What definitions do I need to know for these rules?
- § 4000.43 How do I compute a time period?
- Subpart E Electronic Means of Record Retention
- § 4000.51 What are these record retention rules about?
- § 4000.52 What definitions do I need to know for these rules?
- § 4000.53 May I use electronic media to satisfy PBGC's record retention requirements?
- § 4000.54 May I dispose of original paper records if I keep electronic copies?
- PART 4001 TERMINOLOGY
- § 4001.1 Purpose and scope.
- § 4001.2 Definitions.
- § 4001.3 Trades or businesses under common control; controlled groups.
- PART 4002 BYLAWS OF THE PENSION BENEFIT GUARANTY CORPORATION
- § 4002.1 Board of Directors, Chair, and Representatives of Board Members.
- § 4002.2 Quorum.
- § 4002.3 Meetings.
- § 4002.4 Place of meetings; use of conference call communications equipment.
- § 4002.5 Voting without a meeting.
- § 4002.6 Conflict of interest.
- § 4002.7 Director of the Corporation and senior officers.
- § 4002.8 Emergency procedures.
- § 4002.9 Seal.
- § 4002.10 Authority and amendments.
- PART 4003 RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS
- Subpart A General Provisions
- § 4003.1 Purpose and scope.
- § 4003.2 Definitions.
- § 4003.3 PBGC assistance in obtaining information.
- § 4003.4 Extension of time.
- § 4003.5 Non-timely request for review.
- § 4003.6 Representation.
- § 4003.7 Exhaustion of administrative remedies.
- § 4003.8 Request for confidential treatment.
- § 4003.9 Method and date of filing.
- § 4003.10 Computation of time.
- Subpart B Initial Determinations
- § 4003.21 Form and contents of initial determinations.
- § 4003.22 Effective date of determinations.
- Subpart C Reconsideration of Initial Determinations
- § 4003.31 Who may request reconsideration.
- § 4003.32 When to request reconsideration.
- § 4003.33 Where to submit request for reconsideration.
- § 4003.34 Contents of request for reconsideration.
- § 4003.35 Decision on request for reconsideration.
- Subpart D Administrative Appeals
- § 4003.51 Who may appeal or participate in appeals.
- § 4003.52 When to file.
- § 4003.53 Where to file.
- § 4003.54 Contents of appeal.
- § 4003.55 Opportunity to appear and to present witnesses.
- § 4003.56 Consolidation of appeals.
- § 4003.57 Appeals affecting third parties.
- § 4003.58 Powers of the Appeals Board.
- § 4003.59 Decision by the Appeals Board.
- § 4003.60 Referral of appeal to the Director.
- § 4003.61 Action by a single Appeals Board member.
- SUBCHAPTER B PREMIUMS
- PART 4006 PREMIUM RATES
- § 4006.1 Purpose and scope.
- § 4006.2 Definitions.
- § 4006.3 Premium rate.
- § 4006.4 Determination of unfunded vested benefits.
- § 4006.5 Exemptions and special rules.
- § 4006.6 Definition of “participant.”
- § 4006.7 Premium rate for certain terminated single-employer plans.
- PART 4007 PAYMENT OF PREMIUMS
- § 4007.1 Purpose and scope.
- § 4007.2 Definitions.
- § 4007.3 Filing requirement; method of filing.
- § 4007.4 Where to file.
- § 4007.5 Date of filing.
- § 4007.6 Computation of time.
- § 4007.7 Late payment interest charges.
- § 4007.8 Late payment penalty charges.
- § 4007.9 Coverage for guaranteed basic benefits.
- § 4007.10 Recordkeeping; audits; disclosure of information.
- § 4007.11 Due dates.
- § 4007.12 Liability for single-employer premiums.
- § 4007.13 Premiums for certain terminated single-employer plans.
- Appendix to Part 4007 Policy Guidelines on Premium Penalties
- SUBCHAPTER C CERTAIN REPORTING AND DISCLOSURE REQUIREMENTS
- PART 4010 ANNUAL FINANCIAL AND ACTUARIAL INFORMATION REPORTING
- § 4010.1 Purpose and scope.
- § 4010.2 Definitions.
- § 4010.3 Filing requirement.
- § 4010.4 Filers.
- § 4010.5 Information year.
- § 4010.6 Information to be filed.
- § 4010.7 Identifying information.
- § 4010.8 Plan actuarial information.
- § 4010.9 Financial information.
- § 4010.10 Due date and filing with the PBGC.
- § 4010.11 Waivers.
- § 4010.12 Alternative method of compliance for certain sponsors of multiple employer plans.
- § 4010.13 Confidentiality of information submitted.
- § 4010.14 Penalties.
- SUBCHAPTER D COVERAGE AND BENEFITS
- PART 4022 BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS
- Subpart A General Provisions; Guaranteed Benefits
- § 4022.1 Purpose and scope.
- § 4022.2 Definitions.
- § 4022.3 Guaranteed benefits.
- § 4022.4 Entitlement to a benefit.
- § 4022.5 Determination of nonforfeitable benefits.
- § 4022.6 Annuity payable for total disability.
- § 4022.7 Benefits payable in a lump sum.
- § 4022.8 Form of payment.
- § 4022.9 Time of payment; benefit applications and corrections.
- § 4022.10 Earliest PBGC Retirement Date.
- § 4022.11 Guarantee of benefits relating to uniformed service.
- Subpart B Limitations on Guaranteed Benefits
- § 4022.21 Limitations; in general.
- § 4022.22 Maximum guaranteeable benefit.
- § 4022.23 Computation of maximum guaranteeable benefits.
- § 4022.24 Benefit increases.
- § 4022.25 Five-year phase-in of benefit guarantee.
- § 4022.26 Benefit guarantee for participants who are majority owners.
- § 4022.27 Phase-in of guarantee of unpredictable contingent event benefits.
- § 4022.28 Effect of tax disqualification.
- Subpart C Section 4022(c) Benefits
- § 4022.51 Determination of section 4022(c) benefits in a PPA 2006 bankruptcy termination.
- Subpart D Benefit Reductions in Terminating Plans
- § 4022.61 Limitations on benefit payments by plan administrator.
- § 4022.62 Estimated guaranteed benefit.
- § 4022.63 Estimated asset-funded benefit.
- Subpart E PBGC Recoupment and Reimbursement of Benefit Overpayments and Underpayments
- § 4022.81 General rules.
- § 4022.82 Method of recoupment.
- § 4022.83 PBGC reimbursement of benefit underpayments.
- Subpart F Certain Payments Owed Upon Death
- § 4022.91 When do these rules apply?
- § 4022.92 What definitions do I need to know for these rules?
- § 4022.93 Who will get benefits PBGC may owe me at the time of my death?
- § 4022.94 What are the PBGC's rules on designating a person to get benefits the PBGC may owe me at the time of my death?
- § 4022.95 Examples.
- Subpart G Certain-and-Continuous and Similar Annuity Payments Owed for Future Periods After Death
- § 4022.101 When do these rules apply?
- § 4022.102 What definitions do I need to know for these rules?
- § 4022.103 Who will get benefits if I die when payments for future periods under a certain-and-continuous or similar annuity are owed upon my death?
- § 4022.104 Examples.
- Appendixes A and B to Part 4022 [Reserved]
- Appendix C to Part 4022 Lump Sum Interest Rates for Private-Sector Payments
- PART 4022B AGGREGATE LIMITS ON GUARANTEED BENEFITS
- § 4022B.1 Aggregate payments limitation.
- SUBCHAPTER E PLAN TERMINATIONS
- PART 4041 TERMINATION OF SINGLE-EMPLOYER PLANS
- Subpart A General Provisions
- § 4041.1 Purpose and scope.
- § 4041.2 Definitions.
- § 4041.3 Computation of time; filing and issuance rules.
- § 4041.4 Disaster relief.
- § 4041.5 Record retention and availability.
- § 4041.6 Effect of failure to provide required information.
- § 4041.7 Challenges to plan termination under collective bargaining agreement.
- § 4041.8 Post-termination amendments.
- Subpart B Standard Termination Process
- § 4041.21 Requirements for a standard termination.
- § 4041.22 Administration of plan during pendency of termination process.
- § 4041.23 Notice of intent to terminate.
- § 4041.24 Notices of plan benefits.
- § 4041.25 Standard termination notice.
- § 4041.26 PBGC review of standard termination notice.
- § 4041.27 Notice of annuity information.
- § 4041.28 Closeout of plan.
- § 4041.29 Post-distribution certification.
- § 4041.30 Requests for deadline extensions.
- § 4041.31 Notice of noncompliance.
- Subpart C Distress Termination Process
- § 4041.41 Requirements for a distress termination.
- § 4041.42 Administration of plan during termination process.
- § 4041.43 Notice of intent to terminate.
- § 4041.44 PBGC review of notice of intent to terminate.
- § 4041.45 Distress termination notice.
- § 4041.46 PBGC determination of compliance with requirements for distress termination.
- § 4041.47 PBGC determination of plan sufficiency/insufficiency.
- § 4041.48 Sufficient plans; notice requirements.
- § 4041.49 Verification of plan sufficiency prior to closeout.
- § 4041.50 Closeout of plan.
- § 4041.51 Disclosure of information by plan administrator in distress termination.
- PART 4041A TERMINATION OF MULTIEMPLOYER PLANS
- Subpart A General Provisions
- § 4041A.1 Purpose and scope.
- § 4041A.2 Definitions.
- § 4041A.3 Method and date of filing; where to file; computation of time; issuances to third parties.
- Subpart B Notice of Termination
- § 4041A.11 Requirement of notice.
- § 4041A.12 Contents of notice.
- Subpart C Plan Sponsor Duties
- § 4041A.21 General rule.
- § 4041A.22 Payment of benefits.
- § 4041A.23 Imposition and collection of withdrawal liability.
- § 4041A.24 Plan valuations and monitoring.
- § 4041A.25 Periodic determinations of plan solvency.
- § 4041A.26 Financial assistance.
- § 4041A.27 PBGC approval to pay benefits not otherwise permitted.
- Subpart D Closeout of Sufficient Plans
- § 4041A.41 General rule.
- § 4041A.42 Method of distribution.
- § 4041A.43 Benefit forms.
- § 4041A.44 Cessation of withdrawal liability.
- PART 4042 SINGLE-EMPLOYER PLAN TERMINATION INITIATED BY PBGC
- Subpart A General Provisions
- § 4042.1 Purpose and scope.
- § 4042.2 Definitions.
- § 4042.3 Issuance rules.
- B Subpart B [Reserved]
- Subpart C Disclosure
- § 4042.4 Disclosure of information by plan administrator or plan sponsor.
- § 4042.5 Disclosure of administrative record by PBGC.
- PART 4043 REPORTABLE EVENTS AND CERTAIN OTHER NOTIFICATION REQUIREMENTS
- Subpart A General Provisions
- § 4043.1 Purpose and scope.
- § 4043.2 Definitions.
- § 4043.3 Requirement of notice.
- § 4043.4 Waivers and extensions.
- § 4043.5 How and where to file.
- § 4043.6 Date of filing.
- § 4043.7 Computation of time.
- § 4043.8 Confidentiality.
- § 4043.9 Company low-default-risk safe harbor.
- § 4043.10 Well-funded plan safe harbor.
- Subpart B Post-Event Notice of Reportable Events
- § 4043.20 Post-event filing obligation.
- § 4043.21 Tax disqualification and Title I noncompliance.
- § 4043.22 Amendment decreasing benefits payable.
- § 4043.23 Active participant reduction.
- § 4043.24 Termination or partial termination.
- § 4043.25 Failure to make required minimum funding payment.
- § 4043.26 Inability to pay benefits when due.
- § 4043.27 Distribution to a substantial owner.
- § 4043.28 Plan merger, consolidation or transfer.
- § 4043.29 Change in controlled group.
- § 4043.30 Liquidation.
- § 4043.31 Extraordinary dividend or stock redemption.
- § 4043.32 Transfer of benefit liabilities.
- § 4043.33 Application for minimum funding waiver.
- § 4043.34 Loan default.
- § 4043.35 Insolvency or similar settlement.
- Subpart C Advance Notice of Reportable Events
- § 4043.61 Advance reporting filing obligation.
- § 4043.62 Change in controlled group.
- § 4043.63 Liquidation.
- § 4043.64 Extraordinary dividend or stock redemption.
- § 4043.65 Transfer of benefit liabilities.
- § 4043.66 Application for minimum funding waiver.
- § 4043.67 Loan default.
- § 4043.68 Insolvency or similar settlement.
- Subpart D Notice of Failure To Make Required Contributions
- § 4043.81 PBGC Form 200, notice of failure to make required contributions; supplementary information.
- PART 4044 ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS
- Subpart A Allocation of Assets
- 18 General Provisions
- § 4044.1 Purpose and scope.
- § 4044.2 Definitions.
- § 4044.3 General rule.
- § 4044.4 Violations.
- 19 Allocation of Assets to Benefit Categories
- § 4044.10 Manner of allocation.
- § 4044.11 Priority category 1 benefits.
- § 4044.12 Priority category 2 benefits.
- § 4044.13 Priority category 3 benefits.
- § 4044.14 Priority category 4 benefits.
- § 4044.15 Priority category 5 benefits.
- § 4044.16 Priority category 6 benefits.
- § 4044.17 Subclasses.
- 20 Allocation of Residual Assets
- § 4044.30 [Reserved]
- Subpart B Valuation of Benefits and Assets
- 21 General Provisions
- § 4044.41 General valuation rules.
- 22 Trusteed Plans
- § 4044.51 Benefits to be valued.
- § 4044.52 Valuation of benefits.
- § 4044.53 Mortality assumptions.
- § 4044.54 Interest assumptions.
- 23 Expected Retirement Age
- § 4044.55 XRA when a participant must retire to receive a benefit.
- § 4044.56 XRA when a participant need not retire to receive a benefit.
- § 4044.57 Special rule for facility closing.
- § 4044.58 Tables used to determine expected retirement age.
- 24 Non-Trusteed Plans
- § 4044.71 Valuation of annuity benefits.
- § 4044.72 Form of annuity to be valued.
- § 4044.73 Lump sums and other alternative forms of distribution in lieu of annuities.
- § 4044.74 Withdrawal of employee contributions.
- § 4044.75 Other lump sum benefits.
- Appendix B to Part 4044 Interest Rates Used To Value Benefits
- PART 4047 RESTORATION OF TERMINATING AND TERMINATED PLANS
- § 4047.1 Purpose and scope.
- § 4047.2 Definitions.
- § 4047.3 Funding of restored plan.
- § 4047.4 Payment of premiums.
- § 4047.5 Repayment of PBGC payments of guaranteed benefits.
- PART 4050 MISSING PARTICIPANTS
- Subpart A Single-Employer Plans Covered by Title IV
- § 4050.101 Purpose and scope.
- § 4050.102 Definitions.
- § 4050.103 Duties of plan administrator.
- § 4050.104 Diligent search.
- § 4050.105 Filing with PBGC.
- § 4050.106 Missing participant benefits.
- § 4050.107 PBGC discretion.
- Subpart B Defined Contribution Plans
- § 4050.201 Purpose and scope.
- § 4050.202 Definitions.
- § 4050.203 Options and duties of plan.
- § 4050.204 Diligent search.
- § 4050.205 Filing with PBGC.
- § 4050.206 Missing participant benefits.
- § 4050.207 PBGC discretion.
- Subpart C Certain Defined Benefit Plans Not Covered by Title IV
- § 4050.301 Purpose and scope.
- § 4050.302 Definitions.
- § 4050.303 Options and duties of plan administrator.
- § 4050.304 Diligent search.
- § 4050.305 Filing with PBGC.
- § 4050.306 Missing participant benefits.
- § 4050.307 PBGC discretion.
- Subpart D Multiemployer Plans Covered by Title IV
- § 4050.401 Purpose and scope.
- § 4050.402 Definitions.
- § 4050.403 Duties of plan sponsor.
- § 4050.404 Diligent search.
- § 4050.405 Filing with PBGC.
- § 4050.406 Missing participant benefits.
- § 4050.407 PBGC discretion.
- SUBCHAPTER F LIABILITY
- PART 4061 AMOUNTS PAYABLE BY THE PENSION BENEFIT GUARANTY CORPORATION
- § 4061.1 Cross-references.
- PART 4062 LIABILITY FOR TERMINATION OF SINGLE-EMPLOYER PLANS
- § 4062.1 Purpose and scope.
- § 4062.2 Definitions.
- § 4062.3 Amount and payment of section 4062(b) liability.
- § 4062.4 Determinations of net worth and collective net worth.
- § 4062.5 Net worth record date.
- § 4062.6 Net worth notification and information.
- § 4062.7 Calculating interest on liability and refunds of overpayments.
- § 4062.8 Liability pursuant to section 4062(e).
- § 4062.9 Arrangements for satisfying liability.
- § 4062.10 Method and date of filing; where to file.
- § 4062.11 Computation of time.
- PART 4063 WITHDRAWAL LIABILITY; PLANS UNDER MULTIPLE CONTROLLED GROUPS
- § 4063.1 Cross-references.
- PART 4064 LIABILITY ON TERMINATION OF SINGLE-EMPLOYER PLANS UNDER MULTIPLE CONTROLLED GROUPS
- § 4064.1 Cross-references.
- SUBCHAPTER G ANNUAL REPORTING REQUIREMENTS
- PART 4065 ANNUAL REPORT
- § 4065.1 Purpose and scope.
- § 4065.2 Definitions.
- § 4065.3 Filing requirement.
- SUBCHAPTER H ENFORCEMENT PROVISIONS
- PART 4067 RECOVERY OF LIABILITY FOR PLAN TERMINATIONS
- § 4067.1 Cross-reference.
- PART 4068 LIEN FOR LIABILITY
- § 4068.1 Purpose; cross-references.
- § 4068.2 Definitions.
- § 4068.3 Notification of and demand for liability.
- § 4068.4 Lien.
- PART 4071 PENALTIES FOR FAILURE TO PROVIDE CERTAIN NOTICES OR OTHER MATERIAL INFORMATION
- § 4071.1 Purpose and scope.
- § 4071.2 Definitions.
- § 4071.3 Penalty amount.
- SUBCHAPTER I WITHDRAWAL LIABILITY FOR MULTIEMPLOYER PLANS
- PART 4203 EXTENSION OF SPECIAL WITHDRAWAL LIABILITY RULES
- § 4203.1 Purpose and scope.
- § 4203.2 Definitions.
- § 4203.3 Plan adoption of special withdrawal rules.
- § 4203.4 Requests for PBGC approval of plan amendments.
- § 4203.5 PBGC action on requests.
- PART 4204 VARIANCES FOR SALE OF ASSETS
- Subpart A General
- § 4204.1 Purpose and scope.
- § 4204.2 Definitions.
- Subpart B Variance of the Statutory Requirements
- § 4204.11 Variance of the bond/escrow and sale-contract requirements.
- § 4204.12 De minimis transactions.
- § 4204.13 Net income and net tangible assets tests.
- Subpart C Procedures for Individual and Class Variances or Exemptions
- § 4204.21 Requests to PBGC for variances and exemptions.
- § 4204.22 PBGC action on requests.
- PART 4206 ADJUSTMENT OF LIABILITY FOR A WITHDRAWAL SUBSEQUENT TO A PARTIAL WITHDRAWAL
- § 4206.1 Purpose and scope.
- § 4206.2 Definitions.
- § 4206.3 Credit against liability for a subsequent withdrawal.
- § 4206.4 Amount of credit in plans using the presumptive method.
- § 4206.5 Amount of credit in plans using the modified presumptive method.
- § 4206.6 Amount of credit in plans using the rolling-5 method.
- § 4206.7 Amount of credit in plans using the direct attribution method.
- § 4206.8 Reduction of credit for abatement or other reduction of prior partial withdrawal liability.
- § 4206.9 Amount of credit in plans using alternative allocation methods.
- § 4206.10 Special rule for 70-percent decline partial withdrawals.
- PART 4207 REDUCTION OR WAIVER OF COMPLETE WITHDRAWAL LIABILITY
- § 4207.1 Purpose and scope.
- § 4207.2 Definitions.
- § 4207.3 Abatement.
- § 4207.4 Withdrawal liability payments during pendency of abatement determination.
- § 4207.5 Requirements for abatement.
- § 4207.6 Partial withdrawals after reentry.
- § 4207.7 Liability for subsequent complete withdrawals and related adjustments for allocating unfunded vested benefits.
- § 4207.8 Liability for subsequent partial withdrawals.
- § 4207.9 Special rules.
- § 4207.10 Plan rules for abatement.
- § 4207.11 Method of filing; method and date of issuance.
- PART 4208 REDUCTION OR WAIVER OF PARTIAL WITHDRAWAL LIABILITY
- § 4208.1 Purpose and scope.
- § 4208.2 Definitions.
- § 4208.3 Abatement.
- § 4208.4 Conditions for abatement.
- § 4208.5 Withdrawal liability payments during pendency of abatement determination.
- § 4208.6 Computation of reduced annual partial withdrawal liability payment.
- § 4208.7 Adjustment of withdrawal liability for subsequent withdrawals.
- § 4208.8 Multiple partial withdrawals in one plan year.
- § 4208.9 Plan adoption of additional abatement conditions.
- § 4208.10 Method of filing; method and date of issuance.
- PART 4211 ALLOCATING UNFUNDED VESTED BENEFITS TO WITHDRAWING EMPLOYERS
- Subpart A General
- § 4211.1 Purpose and scope.
- § 4211.2 Definitions.
- § 4211.3 Special rules for construction industry and Code section 404(c) plans.
- § 4211.4 Contributions for purposes of the numerator and denominator of the allocation fractions.
- § 4211.6 Disregarding benefit reductions and benefit suspensions.
- Subpart B Changes Not Subject to PBGC Approval
- § 4211.11 Plan sponsor adoption of modifications and simplified methods.
- § 4211.12 Modifications to the presumptive, modified presumptive, and rolling-5 methods.
- § 4211.13 Modifications to the direct attribution method.
- § 4211.14 Simplified methods for disregarding certain contributions.
- § 4211.15 Simplified methods for determining expiration date of a collective bargaining agreement.
- § 4211.16 Simplified methods for disregarding benefit reductions and benefit suspensions.
- Subpart C Changes Subject to PBGC Approval
- § 4211.21 Changes subject to PBGC approval.
- § 4211.22 Requests for PBGC approval.
- § 4211.23 Approval of alternative method.
- § 4211.24 Special rule for certain alternative methods previously approved.
- Subpart D Allocation Methods for Merged Multiemployer Plans
- § 4211.31 Allocation of unfunded vested benefits following the merger of plans.
- § 4211.32 Presumptive method for withdrawals after the initial plan year.
- § 4211.33 Modified presumptive method for withdrawals after the initial plan year.
- § 4211.34 Rolling-5 method for withdrawals after the initial plan year.
- § 4211.35 Direct attribution method for withdrawals after the initial plan year.
- § 4211.36 Modifications to the determination of initial liabilities, the amortization of initial liabilities, and the allocation fraction.
- § 4211.37 Allocating unfunded vested benefits for withdrawals before the end of the initial plan year.
- Appendix to Part 4211 Examples
- PART 4219 NOTICE, COLLECTION, AND REDETERMINATION OF WITHDRAWAL LIABILITY
- Subpart A General
- § 4219.1 Purpose and scope.
- § 4219.2 Definitions.
- § 4219.3 Disregarding certain contributions.
- Subpart B Redetermination of Withdrawal Liability Upon Mass Withdrawal
- § 4219.11 Withdrawal liability upon mass withdrawal.
- § 4219.12 Employers liable upon mass withdrawal.
- § 4219.13 Amount of liability for de minimis amounts.
- § 4219.14 Amount of liability for 20-year-limitation amounts.
- § 4219.15 Determination of reallocation liability.
- § 4219.16 Imposition of liability.
- § 4219.17 Filings with PBGC.
- § 4219.18 Withdrawal in a plan year in which substantially all employers withdraw.
- § 4219.19 Method and date of issuance; computation of time.
- Subpart C Overdue, Defaulted, and Overpaid Withdrawal Liability
- § 4219.31 Overdue and defaulted withdrawal liability; overpayment.
- § 4219.32 Interest on overdue, defaulted and overpaid withdrawal liability.
- § 4219.33 Plan rules concerning overdue and defaulted withdrawal liability.
- PART 4220 PROCEDURES FOR PBGC APPROVAL OF PLAN AMENDMENTS
- § 4220.1 Purpose and scope.
- § 4220.2 Definitions.
- § 4220.3 Requests for PBGC approval.
- § 4220.4 PBGC action on requests.
- PART 4221 ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS
- § 4221.1 Purpose and scope.
- § 4221.2 Definitions.
- § 4221.3 Initiation of arbitration.
- § 4221.4 Appointment of the arbitrator.
- § 4221.5 Powers and duties of the arbitrator.
- § 4221.6 Hearing.
- § 4221.7 Reopening of proceedings.
- § 4221.8 Award.
- § 4221.9 Reconsideration of award.
- § 4221.10 Costs.
- § 4221.11 Waiver of rules.
- § 4221.12 Calculation of periods of time.
- § 4221.13 Filing and issuance rules.
- § 4221.14 PBGC-approved arbitration procedures.
- SUBCHAPTER J INSOLVENCY, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS
- PART 4231 MERGERS AND TRANSFERS BETWEEN MULTIEMPLOYER PLANS
- Subpart A General Provisions
- § 4231.1 Purpose and scope.
- § 4231.2 Definitions.
- § 4231.3 Requirements for mergers and transfers.
- § 4231.4 Preservation of accrued benefits.
- § 4231.5 Valuation requirement.
- § 4231.6 Plan solvency tests.
- § 4231.7 De minimis mergers and transfers.
- § 4231.8 Filing requirements; timing and method of filing.
- § 4231.9 Notice of merger or transfer.
- § 4231.10 Request for compliance determination.
- § 4231.11 Actuarial calculations and assumptions.
- Subpart B Additional Rules for Facilitated Mergers
- § 4231.12 Request for facilitated merger.
- § 4231.13 Plan information for financial assistance merger.
- § 4231.14 Description of financial assistance merger.
- § 4231.15 Actuarial and financial information for financial assistance merger.
- § 4231.16 Participant census data for financial assistance merger.
- § 4231.17 PBGC action on a request for facilitated merger.
- § 4231.18 Jurisdiction over financial assistance merger.
- PART 4233 PARTITIONS OF ELIGIBLE MULTIEMPLOYER PLANS
- § 4233.1 Purpose and scope.
- § 4233.2 Definitions.
- § 4233.3 Application filing requirements.
- § 4233.4 Information to be filed.
- § 4233.5 Plan information.
- § 4233.6 Partition information.
- § 4233.7 Actuarial and financial information.
- § 4233.8 Participant census data.
- § 4233.9 Financial assistance information.
- § 4233.10 Initial review.
- § 4233.11 Notice of application for partition.
- § 4233.12 PBGC action on application for partition.
- § 4233.13 Coordinated application process for partition and benefit suspension.
- § 4233.14 Partition order.
- § 4233.15 Nature and operation of successor plan.
- § 4233.16 Coordination of benefits under original plan and successor plan.
- § 4233.17 Continuing jurisdiction.
- Appendix A to Part 4233 Model Notices
- PART 4245 DUTIES OF PLAN SPONSOR OF AN INSOLVENT PLAN
- § 4245.1 Purpose, scope, and filing and issuance rules.
- § 4245.2 Definitions.
- § 4245.3 Notice of insolvency.
- § 4245.4 Contents of notice of insolvency.
- § 4245.5 Notice of insolvency benefit level.
- § 4245.6 Contents of notice of insolvency benefit level.
- § 4245.7 Successor plan.
- § 4245.8 Financial assistance.
- PART 4261 FINANCIAL ASSISTANCE TO MULTIEMPLOYER PLANS
- § 4261.1 Cross-reference.
- PART 4262 SPECIAL FINANCIAL ASSISTANCE BY PBGC
- § 4262.1 Purpose.
- § 4262.2 Definitions.
- § 4262.3 Eligibility for special financial assistance.
- § 4262.4 Amount of special financial assistance.
- § 4262.5 PBGC review of plan assumptions.
- § 4262.6 Information to be filed.
- § 4262.7 Plan information.
- § 4262.8 Actuarial and financial information.
- § 4262.9 Application for a plan with a partition.
- § 4262.10 Processing applications.
- § 4262.11 PBGC action on applications.
- § 4262.12 Payment of special financial assistance.
- § 4262.13 Restrictions on special financial assistance.
- § 4262.14 Permissible investments of special financial assistance.
- § 4262.15 Reinstatement of benefits previously suspended.
- § 4262.16 Conditions for special financial assistance.
- § 4262.17 Other provisions.
- PART 4281 DUTIES OF PLAN SPONSOR FOLLOWING MASS WITHDRAWAL
- Subpart A General Provisions
- § 4281.1 Purpose and scope.
- § 4281.2 Definitions.
- § 4281.3 Filing and issuance rules.
- Subpart B Valuation of Plan Benefits and Plan Assets
- § 4281.11 Valuation dates.
- § 4281.12 Benefits to be valued.
- § 4281.13 Benefit valuation methods—in general.
- §§ 4281.14-4281.15 [Reserved]
- § 4281.16 Benefit valuation methods—plans closing out.
- § 4281.17 Asset valuation methods—in general.
- § 4281.18 Outstanding claims for withdrawal liability.
- Subpart C Benefit Reductions
- § 4281.31 Plan amendment.
- § 4281.32 Notices of benefit reductions.
- § 4281.33 Restoration of benefits.
- Subpart D Benefit Suspensions
- § 4281.41 Benefit suspensions.
- § 4281.42 Retroactive payments.
- § 4281.43 Notice of insolvency.
- § 4281.44 Contents of notice of insolvency.
- § 4281.45 Notice of insolvency benefit level.
- § 4281.46 Contents of notice of insolvency benefit level.
- § 4281.47 Application for financial assistance.
- SUBCHAPTER K MULTIEMPLOYER ENFORCEMENT PROVISIONS
- PART 4302 PENALTIES FOR FAILURE TO PROVIDE CERTAIN MULTIEMPLOYER PLAN NOTICES
- § 4302.1 Purpose and scope.
- § 4302.2 Definitions.
- § 4302.3 Penalty amount.
- SUBCHAPTER L INTERNAL AND ADMINISTRATIVE RULES AND PROCEDURES
- PART 4901 DISCLOSURE AND PUBLIC INSPECTION OF PENSION BENEFIT GUARANTY CORPORATION RECORDS
- Subpart A General
- § 4901.1 Purpose and scope.
- § 4901.2 Definitions.
- § 4901.3 Electronic reading room.
- § 4901.4 Information maintained in electronic reading room.
- § 4901.5 Disclosure of other information.
- § 4901.6 Filing rules; computation of time.
- Subpart B Procedure for Formal Requests
- § 4901.11 Submission of requests for access to records.
- § 4901.12 Description of information requested.
- § 4901.13 Receipt by agency of request.
- § 4901.14 Action on request.
- § 4901.15 Appeals from denial of requests.
- § 4901.16 Extensions of time.
- § 4901.17 Expedited action on requests and appeals.
- § 4901.18 Exhaustion of administrative remedies.
- Subpart C Restrictions on Disclosure
- § 4901.21 Restrictions in general.
- § 4901.22 Partial disclosure.
- § 4901.23 Record of concern to agency other than PBGC.
- § 4901.24 Special rules for trade secrets and confidential commercial or financial information submitted to PBGC.
- Subpart D Fees
- § 4901.31 Charges for services.
- § 4901.32 Fee schedule.
- § 4901.33 Payment of fees.
- § 4901.34 Waiver or reduction of charges.
- PART 4902 DISCLOSURE AND AMENDMENT OF RECORDS PERTAINING TO INDIVIDUALS UNDER THE PRIVACY ACT
- § 4902.1 Purpose and Scope.
- § 4902.2 Definitions.
- § 4902.3 Procedures for determining existence of and requesting access to records.
- § 4902.4 Disclosure of record to an individual.
- § 4902.5 Procedures for requesting amendment of a record.
- § 4902.6 Action on request for amendment of a record.
- § 4902.7 Appeal of a denial of a request for amendment of a record.
- § 4902.8 Fees.
- § 4902.9 Privacy Act provisions for which PBGC claims an exemption.
- § 4902.10 Specific exemption: Personnel Security Investigation Records.
- § 4902.11 Specific exemptions: Office of Inspector General Investigative File System.
- § 4902.12 Specific exemptions: Insider Threat and Data Loss Prevention.
- § 4902.13 Specific exemptions: Legal case management.
- § 4902.14 Filing rules; computation of time.
- PART 4903 DEBT COLLECTION
- Subpart A General Provisions
- § 4903.1 What definitions apply to this part?
- § 4903.2 What do these regulations cover?
- § 4903.3 Do these regulations adopt the Federal Claims Collection Standards (FCCS)?
- § 4903.4 What rules apply for purposes of filing with PBGC, determining dates of filings, and computation of time?
- Subpart B Procedures To Collect Debts Owed to PBGC
- § 4903.5 What notice will PBGC send to a debtor when collecting a debt owed to PBGC?
- § 4903.6 How will PBGC add interest, penalty charges, and administrative costs to a debt owed to PBGC?
- § 4903.7 When will PBGC allow a debtor to pay a debt owed to PBGC in installments instead of a lump sum?
- § 4903.8 When will PBGC compromise a debt owed to PBGC?
- § 4903.9 When will PBGC suspend or terminate debt collection on a debt owed to PBGC?
- § 4903.10 When will PBGC transfer a debt owed to PBGC to the Treasury Department's Financial Management Service for collection?
- § 4903.11 How will PBGC use administrative offset (offset of non-tax Federal payments) to collect a debt owed to PBGC?
- § 4903.12 How will PBGC use tax refund offset to collect a debt owed to PBGC?
- § 4903.13 How will PBGC offset a Federal employee's salary to collect a debt owed to PBGC?
- § 4903.14 How will PBGC use administrative wage garnishment to collect a debt owed to PBGC from a debtor's wages?
- § 4903.15 How will PBGC report debts owed to PBGC to credit bureaus?
- § 4903.16 How will PBGC refer debts owed to PBGC to private collection agencies?
- § 4903.17 When will PBGC refer debts owed to PBGC to the Department of Justice?
- § 4903.18 Will a debtor who owes a debt to PBGC or another Federal agency, and persons controlled by or controlling such debtors, be ineligible for Federal loan assistance, grants, cooperative agreements, or other sources of Federal funds?
- § 4903.19 How does a debtor request a special review based on a change in circumstances such as catastrophic illness, divorce, death, or disability?
- § 4903.20 Will PBGC issue a refund if money is erroneously collected on a debt?
- Subpart C Procedures for Offset of PBGC Payments To Collect Debts Owed to Other Federal Agencies
- § 4903.21 How do other Federal agencies use the offset process to collect debts from payments issued by PBGC?
- § 4903.22 What does PBGC do upon receipt of a request to offset the salary of a PBGC employee to collect a debt owed by the employee to another Federal agency?
- PART 4905 APPEARANCES IN CERTAIN PROCEEDINGS
- § 4905.1 Purpose and scope.
- § 4905.2 Definitions.
- § 4905.3 General.
- § 4905.4 Appearances by PBGC employees.
- § 4905.5 Requests for authenticated copies of PBGC records.
- § 4905.6 Penalty.
- 4906 PART 4906 [RESERVED]
- PART 4907 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE PENSION BENEFIT GUARANTY CORPORATION
- § 4907.101 Purpose.
- § 4907.102 Application.
- § 4907.103 Definitions.
- §§ 4907.104-4907.109 [Reserved]
- § 4907.110 Self-evaluation.
- § 4907.111 Notice.
- §§ 4907.112-4907.129 [Reserved]
- § 4907.130 General prohibitions against discrimination.
- §§ 4907.131-4907.139 [Reserved]
- § 4907.140 Employment.
- §§ 4907.141-4907.148 [Reserved]
- § 4907.149 Program accessibility: Discrimination prohibited.
- § 4907.150 Program accessibility: Existing facilities.
- § 4907.151 Program accessibility: New construction and alterations.
- §§ 4907.152-4907.159 [Reserved]
- § 4907.160 Communications.
- §§ 4907.161-4907.169 [Reserved]
- § 4907.170 Compliance procedures.
- §§ 4907.171-4907.999 [Reserved]
- 4908 PART 4908 [RESERVED]
- PART 4909 OMB CONTROL NUMBERS FOR PBGC INFORMATION COLLECTION REQUIREMENTS
- § 4909.1 Information Collection Control Numbers.
- 4910-4999 PARTS 4910-4999 [RESERVED]