Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

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Key Points for Small Businesses

SBREFA:

• encourages small businesses to participate in the federal regulatory process;
• requires federal agencies to write regulations in plain language;
• requires federal agencies to develop more accessible sources of information for small businesses on the regulatory and reporting requirements;
• creates a more cooperative regulatory environment among agencies and small businesses that is less punitive and more solution-oriented; and
• makes federal regulators more accountable for their enforcement actions by providing small entities with a meaningful opportunity for redress of excessive enforcement actions.

Registering Complaints About DOL Enforcement Actions to the SBA Ombudsman and Regional Small Business Regulatory Fairness Boards

• Under the SBREFA, SBA has established a National Ombudsman and 10 Regional Fairness Boards to receive comments about DOL enforcement actions. The comments may be sent to the Ombudsman at:
  
  409 Third St., SW, Washington, DC 20416.
  
  You also may call the Ombudsman at 1-888-REG-FAIR,
  your local DOL Regional Office or OSBP at 1-888-9-SBREFA.
  

Please note that any obligation you might have to comply with the enforcement or compliance actions is not affected by the filing of your comments with the Ombudsman; and the filing of your comments with the Ombudsman is not a substitute for any legal options you believe are in your best interest.

The SBA National Ombudsman reports his findings on federal agencies implementation of SBREFA in an Annual Report to Congress.

Recovering Legal Fees and Expenses

• SBREFA expands the ability of small businesses to recover legal costs under the Equal Access to Justice Act (EAJA) by allowing small businesses to recoup legal expenses when the government seeks unreasonably high penalties in certain types of cases.

Obtaining Reductions/Waivers of Penalties

• SBREFA requires enforcement agencies to have a program for reductions and waivers of penalties for small businesses under certain circumstances.
• The Small Business Paperwork Relief Act of 2003

Influencing New Regulations

• DOL is required to obtain and consider small business input and interests when writing a new regulation that will have a significant economic effect on a substantial number of small businesses. Alternatives that would reduce the economic burden on small businesses must be considered.
• The Occupational Safety & Health Administration must convene a Small Business Advocacy Review Panel to collect advice from small-business representatives and consult with SBA when it is developing such a rule.
• Once a new rule is completed, SBREFA requires that it be submitted to Congress; Congress then has the opportunity to vote to disapprove of the new rule.

How Do I Find Out What New DOL Regulations Are Being Considered?

• DOL publishes a Semiannual Regulatory Agenda of regulations that will significantly affect a substantial number of small businesses that are scheduled for review or development. For a copy, call the Superintendent of Documents, U.S. Government Printing Office on 202/512-1800. The Agenda is also available on the Internet at
  http://www.dol.gov/dol/public/regs/agenda.htm
  
• To find out about proposed regulations of the Department of Labor, go to www.regulations.gov.

U.S. Department of Labor Enforcement Agencies National Office Contact List

Workers and Wages

Employment Standards
Administration

Wage and Hour Division . . . . . . . . . 202/693-0745

• New FairPay Regulation. . . . . . . . . 202/693-0745
• Minimum Wage and
  overtime pay . . . . . . . . . . . . . . . . 202/693-0067
• Child labor (non-agricultural) . . . . . . 202/693-0072
• Immigrant labor . . . . . . . . . . . . . . . 202/693-0071
• Family and medical
  leave rights . . . . . . . . . . . . . . . . . 202/693-0066
• Restrictions on use of
  polygraph . . . . . . . . . . . . . . . . . . 202/693-0064
• Restrictions on garnishment
  of wages . . . . . . . . . . . . . . . . . . . 202/693-0067
• Wage rates for government
  construction and service
  contracts . . . . . . . . . . . . . . . . . . . 202/693-0064
• Service contracts . . . . . . . . . . . . . 202/693-0073

Office of Labor-Management
Standards . . . . . . . . . . . . . . . . . . . 202/693-0123

• Union/union members relations

Office of Federal Contract
Compliance . . . . . . . . . . . . . . . . . . . 202/693-0101

• Federal contracting rules on affirmative action and non-discrimination

Employment and Training Administration

Unemployment Insurance
Service . . . . . . . . . . . . . . . . . . . . . 202/693-3200

• Unemployment Insurance Requirements
• Downsizing and closing Adjustment and
  Retraining notification . . . . . . . . . . 202/693-3032

Pensions/Employee Benefits

Employee Benefits Security
Administration . . . . . . . . . . . . . . 202/693-8500

• Private-sector pensions plans and welfare
  (employee) benefit plans: fiduciary, reporting,
  disclosure, and other requirements
• Health plans: right to continue health-plan
  participation under COBRA.

Occupational Safety and Health
Administration . . . . . . . . . . . . . . 202/693-1999

• Occupational safety and health laws
• Voluntary protection programs
• Compliance assistance programs

Mine Safety and
Health Administration . . . . . . . 202/693-9899

• Coal, metal, and non-metal safety and health laws
• Compliance assistance programs

Veterans' Employment and
Training Service . . . . . . . . . . . . 202/693-4700

• Rights to reemployment with the employer
  the servicemember was working for when the
  servicemember went on active duty.