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B-333474 Aug 10, 2021 1 (2021-08-10)

handle is hein.gao/gaomdd0001 and id is 1 raw text is: 1Oo_ U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-333474 August 10, 2021 The Honorable Patty Murray Chair The Honorable Richard Burr Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Robert C. Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: Department of Labor, Wage and Hour Division: Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Labor, Wage and Hour Division (Department) entitled Rescission of Joint Employer Status Under the Fair Labor Standards Act Rule (RIN: 1235- AA37). We received the rule on July 30, 2021. It was published in the Federal Register as a final rule, rescission, on July 30, 2021. 86 Fed. Reg. 40939. The effective date is September 28, 2021. According to the Department, the final rule finalizes the Department's proposal to rescind the final rule titled Joint Employer Status Under the Fair Labor Standards Act, which was published on January 16, 2020, and took effect on March 16, 2020. 85 Fed. Reg. 2820. The Department stated the final rule removes the regulations established by the earlier rule. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The Department informed us the House of Representatives received the final rule on August 2, 2021, and that the Senate received it on August 6, 2021. Email from Compliance Specialist, Department to Senior Staff Attorney, GAO (Aug. 6, 2021). The final rule was published on July 30, 2021. 86 Fed. Reg. 40939. The final rule has a stated effective date of September 28, 2021. Therefore the final rule does not have the required 60-day delay in its effective date. Enclosed is our assessment of the Department's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work

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