{
    "schema": "amendsignal.record/1",
    "generated_on": "2026-11-02",
    "publisher": {
        "name": "AmendSignal",
        "url": "https://amendsignal.com/"
    },
    "notice": "Coverage is limited, so a missing record does not mean nothing changed. General information, not legal advice. Check the official source. Please cite the record's url.",
    "change": {
        "id": 10,
        "url": "https://amendsignal.com/changes/wage-and-hour-division-withdraws-its-plan-to-remove-fair-labor-standards-act-interpretations/",
        "title": "Wage and Hour Division withdraws its proposal to remove Fair Labor Standards Act interpretive guidance from federal regulations",
        "change_type": "proposed_rule",
        "change_type_label": "Proposed rule",
        "status": "withdrawn",
        "status_label": "Withdrawn",
        "status_statement": "As of our last check on November 2, 2026, this has been withdrawn.",
        "significance": null,
        "jurisdiction": {
            "code": "US",
            "name": "United States"
        },
        "authority": {
            "name": "Wage and Hour Division",
            "short_name": "WHD"
        },
        "identifiers": [
            {
                "type": "fr_document_number",
                "label": "FR document",
                "value": "2026-20523"
            },
            {
                "type": "fr_citation",
                "label": "Citation",
                "value": "91 FR 64129"
            },
            {
                "type": "rin",
                "label": "RIN",
                "value": "1235-AA52"
            },
            {
                "type": "docket_id",
                "label": "Docket",
                "value": "Docket No. WHD-2025-0002"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 775"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 776"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 779"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 782"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 783"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 784"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 789"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 793"
            },
            {
                "type": "cfr_citation",
                "label": "CFR",
                "value": "29 CFR 794"
            }
        ],
        "dates": [
            {
                "type": "effective",
                "label": "Effective",
                "value": "2026-10-06",
                "precision": "day",
                "condition": "The date the withdrawal of the proposed rule takes effect."
            },
            {
                "type": "publication",
                "label": "Published",
                "value": "2026-10-07",
                "precision": "day"
            }
        ],
        "in_short": {
            "what_changed": "The Department of Labor's Wage and Hour Division (WHD) withdrew, as of October 6, 2026, its 2025 proposal to take certain Fair Labor Standards Act (FLSA) interpretive guidance out of the Code of Federal Regulations (CFR). That rulemaking is now over.",
            "whos_affected": "Employers and advisers who use the WHD interpretive guidance on FLSA topics found in the CFR, or who were tracking the 2025 proposal. The guidance was not removed.",
            "what_to_do": "This withdrawal creates no new duties for employers. You may want to note that the proposal is closed and keep watching for any new WHD action on its interpretive guidance."
        },
        "summary": "The Department of Labor's Wage and Hour Division (WHD) has withdrawn its July 2, 2025 proposal to remove interpretive guidance and policy statements on the Fair Labor Standards Act (FLSA) from the Code of Federal Regulations (CFR) and move it to guidance posted elsewhere. The withdrawal ends that rulemaking and creates no new duties for employers.",
        "business_functions": {
            "state": "limited",
            "functions": [
                {
                    "slug": "payroll",
                    "name": "Payroll"
                },
                {
                    "slug": "legal-and-compliance",
                    "name": "Legal and compliance"
                }
            ]
        },
        "added_on": "2026-11-02",
        "updated_on": null,
        "updates_in_progress": null,
        "last_checked": "2026-11-02",
        "record_url": "https://amendsignal.com/changes/wage-and-hour-division-withdraws-its-plan-to-remove-fair-labor-standards-act-interpretations/record.json",
        "what_changed": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department of Labor withdrew its notice of proposed rulemaking published July 2, 2025. That proposal would have removed parts of Title 29, Chapter V, Subchapter B of the Code of Federal Regulations (CFR) that were not issued or amended through notice-and-comment rulemaking.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "SUMMARY",
                        "excerpt": "The Department of Labor (Department) is withdrawing its notice of proposed rulemaking (NPRM) published on July 2, 2025 (90 FR 28985)"
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "SUMMARY",
                        "excerpt": "which proposed to remove parts located in Title 29, Chapter V, Subchapter B of the Code of Federal Regulations (CFR) that were not originally issued, or subsequently amended, through notice-and-comment rulemaking."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The withdrawn proposal would have turned those parts into subregulatory guidance, removed them from the CFR, and posted or provided them elsewhere.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, II. Summary of the Notice of Proposed Rulemaking",
                        "excerpt": "The Department proposed to repurpose these parts as subregulatory guidance, remove them from the CFR, and post or provide them elsewhere."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The withdrawal formally ends this rulemaking. Any future revisions to these parts would require new regulatory action.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, V. Conclusion",
                        "excerpt": "By withdrawing the proposed rule, the Department is formally concluding this rulemaking proceeding."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, V. Conclusion",
                        "excerpt": "If the Department determines in the future that revisions to any of the parts located in Subchapter B are warranted, it will undertake new regulatory action."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department says the proposal no longer fits its needs, priorities and objectives. It also notes that commenters raised concerns about how the removal would affect specific industries.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, IV. Rationale for Withdrawal",
                        "excerpt": "has concluded that further rulemaking action with respect to them no longer aligns with the Department's needs, priorities, and objectives."
                    },
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, IV. Rationale for Withdrawal",
                        "excerpt": "Commenters raised a variety of concerns, including the impact of the proposed removal of certain longstanding regulations from Subchapter B on specific industries."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "Because the proposal was withdrawn, the interpretive parts it targeted stay in the CFR as they were.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, IV. Rationale for Withdrawal",
                        "excerpt": "the Department concludes that it would be inadvisable to move forward at this time with its proposal to remove certain parts from Subchapter B and repurpose them as subregulatory guidance outside of the CFR."
                    }
                ]
            }
        ],
        "who_is_affected": [
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "Employers, payroll teams and advisers who rely on the Wage and Hour Division's interpretive guidance on Fair Labor Standards Act (FLSA) topics in Subchapter B are the readers most interested. For them, nothing changes: the guidance stays where it was.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, I. Background",
                        "excerpt": "Most of the parts in Subchapter B provide interpretive guidance and policy statements on topics related to the Fair Labor Standards Act (FLSA)"
                    }
                ]
            }
        ],
        "business_implications": [
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department describes the parts the proposal targeted as interpretive rules and policy statements on the FLSA that do not carry the force and effect of law.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, II. Summary of the Notice of Proposed Rulemaking",
                        "excerpt": "These parts consist of interpretive rules and policy statements regarding the FLSA that do not carry the force and effect of law."
                    }
                ]
            },
            {
                "kind": "inference",
                "kind_label": "Our analysis",
                "text": "Policies, handbooks or training materials that cite these CFR parts do not need updating because of this proposal, since the parts were not removed.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "DATES",
                        "excerpt": "The proposed rule published on July 2, 2025 (90 FR 28985) is withdrawn as of October 6, 2026."
                    }
                ]
            },
            {
                "kind": "fact",
                "kind_label": "From the source",
                "text": "The Department says it will keep considering better ways to modernize and update its longstanding interpretive guidance, so further changes may come through a new action.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, IV. Rationale for Withdrawal",
                        "excerpt": "will continue to consider more effective means to modernize and update its longstanding interpretive guidance"
                    }
                ]
            }
        ],
        "required_actions": [],
        "recommended_actions": [
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider noting in your compliance tracking that the 2025 proposal to move this FLSA interpretive guidance out of the CFR is closed, and that existing references to these parts remain current.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, V. Conclusion",
                        "excerpt": "By withdrawing the proposed rule, the Department is formally concluding this rulemaking proceeding."
                    }
                ]
            },
            {
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "text": "Consider watching for any new Wage and Hour Division action to modernize or revise its interpretive guidance in Subchapter B.",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, V. Conclusion",
                        "excerpt": "If the Department determines in the future that revisions to any of the parts located in Subchapter B are warranted, it will undertake new regulatory action."
                    }
                ]
            }
        ],
        "required_actions_assessment": {
            "state": "assessed",
            "text": "This document withdraws a proposed rule. A withdrawn proposal creates no requirement, so employers have no new or changed duties from it."
        },
        "applicability": [
            {
                "criterion": "where",
                "label": "Where",
                "answer": "United States, nationwide",
                "kind": "fact",
                "kind_label": "From the source",
                "evidence": []
            },
            {
                "criterion": "employer_type",
                "label": "Employers",
                "answer": "Employers that use the Wage and Hour Division's FLSA interpretive guidance; no employer must do anything because of this withdrawal.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, I. Background",
                        "excerpt": "Most of the parts in Subchapter B provide interpretive guidance and policy statements on topics related to the Fair Labor Standards Act (FLSA)"
                    }
                ]
            },
            {
                "criterion": "industries",
                "label": "Industries",
                "answer": "All industries; commenters raised concerns about impacts on specific industries, but the document does not name them.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, IV. Rationale for Withdrawal",
                        "excerpt": "Commenters raised a variety of concerns, including the impact of the proposed removal of certain longstanding regulations from Subchapter B on specific industries."
                    }
                ]
            },
            {
                "criterion": "functions",
                "label": "Functions",
                "answer": "Legal, compliance and payroll teams that use FLSA interpretive guidance.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, II. Summary of the Notice of Proposed Rulemaking",
                        "excerpt": "These parts consist of interpretive rules and policy statements regarding the FLSA that do not carry the force and effect of law."
                    }
                ]
            },
            {
                "criterion": "applies_if",
                "label": "Applies if",
                "answer": "You were tracking the July 2, 2025 proposal or rely on the interpretive guidance in Subchapter B.",
                "kind": "inference",
                "kind_label": "Our analysis",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "DATES",
                        "excerpt": "The proposed rule published on July 2, 2025 (90 FR 28985) is withdrawn as of October 6, 2026."
                    }
                ]
            },
            {
                "criterion": "action",
                "label": "Action",
                "answer": "No action required; consider closing out the proposal in your tracking.",
                "kind": "recommendation",
                "kind_label": "Our suggestion",
                "evidence": [
                    {
                        "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                        "locator": "Supplementary Information, V. Conclusion",
                        "excerpt": "By withdrawing the proposed rule, the Department is formally concluding this rulemaking proceeding."
                    }
                ]
            }
        ],
        "open_questions": [
            {
                "question": "Will the Wage and Hour Division propose a different way to update its FLSA interpretive guidance, and when?",
                "context": "The document says the Department will continue to consider ways to modernize this guidance but gives no plan or timeline."
            }
        ],
        "events": [
            {
                "event_type": "originating_action",
                "label": "Issued",
                "occurred_on": "2026-10-07",
                "summary": "Statements of General Policy or Interpretation Not Directly Related to Regulations; Withdrawal of Proposed Rule",
                "source": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of"
            }
        ],
        "corrections": [
            {
                "corrected_on": "2026-11-02",
                "note": "This document withdraws the July 2, 2025 proposed rule; the status was corrected from proposed to withdrawn."
            }
        ],
        "sources": [
            {
                "label": "Statements of General Policy or Interpretation Not Directly Related to Regulations; Withdrawal of Proposed Rule, 91 FR 64129 (October 7, 2026)",
                "publisher": "Federal Register",
                "role": "primary",
                "url": "https://www.federalregister.gov/documents/2026/10/07/2026-20523/statements-of-general-policy-or-interpretation-not-directly-related-to-regulations-withdrawal-of",
                "pdf_url": "https://www.govinfo.gov/content/pkg/FR-2026-10-07/pdf/2026-20523.pdf"
            }
        ]
    }
}