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OMB Control No: 1235-0001	ICR Reference No: 201510-1235-001
Status: Historical Active	Previous ICR Reference No: 201309-1235-002
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Special Employment Under the Fair Labor Standards Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/20/2016
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/09/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	05/31/2017	05/31/2017
Responses	1,345,307	0	1,346,240
Time Burden (Hours)	693,807	0	686,307
Cost Burden (Dollars)	3,489	0	1,640

Abstract: This information collection pertains to the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., special employment provisions. These provisions relate to restrictions on industrial homework and to the use of special certificates that allow for the employment of categories of workers who may be paid less than the general Federal statutory minimum wage to the extent necessary to prevent curtailment of their employment opportunities.

Authorizing Statute(s): US Code: 29 USC 214(a) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 211(d) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 214(b) Name of Law: Fair Labor Standards Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 47004	08/06/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 62537	09/09/2016
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	1,345,307	1,346,240	-933
Annual Time Burden (Hours)	693,807	686,307	7,500
Annual Cost Burden (Dollars)	3,489	1,640	1,849

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The only significant program changes reported in Items 13 or 14 are related to the forms WH-226 and WH-226A. There are no program changes or significant adjustments affecting public burdens to report on any of the other information collections in this ICR. The DOL has carefully reviewed the current information collections set forth on Forms WH-226 and WH-226A and determined that significant substantive revisions are necessary for the agency to more effectively and efficiently fulfill its statutory directive to oversee and enforce the section 14(c) certificate program, including the new conditions introduced to section 14(c) certificate holders pursuant to WIOA. As discussed in response to Question 1 above, DOL has also determined that several revisions and additions are necessary to address important legal changes that have directly impacted DOL’s administration and enforcement of the section 14(c) certificate program. The proposed revisions to Forms WH-226 and WH-226A generally increase the amount of data collected, particularly for renewal applicants. Some revisions, however, streamline and reduce information currently collected. For example, the proposed revisions to the WH-226 include revisions to Items 9-12 on the form, to reduce the number of prevailing wage surveys and time studies collected. By streamlining that collection, DOL is able to significantly reduce the data collection from as many as four prevailing wage surveys and seven time studies, while obtaining information that is more useful for enforcement. The proposed revisions to the WH-226A include collecting additional wage and work history information about each individual worker with a disability who was paid subminimum wages during the employer’s most recently completed fiscal quarter, which will increase the burden for renewal applicants. As discussed above, this data is needed to effectively oversee and enforce the section 14(c) certificate program and to ensure that employers fulfill their statutory obligations under WIOA.

Annual Cost to Federal Government: $134,123

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: robert waterman 202 693-0805 waterman.robert@dol.gov

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