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View Information Collection (IC) List
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1235-0018
ICR Reference No:
202306-1235-002
Status:
Historical Inactive
Previous ICR Reference No:
202111-1235-001
Agency/Subagency:
DOL/WHD
Agency Tracking No:
Title:
Records to be kept by Employers--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:
Comment filed on proposed rule and continue
Conclusion Date:
10/12/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/08/2023
Terms of Clearance:
In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, DOL should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2024
36 Months From Approved
11/30/2024
Responses
47,118,160
0
47,118,160
Time Burden (Hours)
3,626,426
0
3,626,426
Cost Burden (Dollars)
0
0
0
Abstract:
Employers respond to these information collections to document compliance with the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq.
Authorizing Statute(s):
US Code:
29 USC 203(l)
Name of Law: Fair Labor Standards Act
US Code:
29 USC 207(q)
Name of Law: Fair Labor Standards Act
US Code:
29 USC 211(c)
Name of Law: Fair Labor Standards Act
US Code:
29 USC 207(e)(8)
Name of Law: Fair Labor Standards Act
US Code:
29 USC 213(c)
Name of Law: Fair Labor Standards Act
EO: EO 13658 Name/Subject of EO: Establishing a Minimum Wage for Contractors
EO: EO 13706 Name/Subject of EO: Establishing Paid Sick Leave for Federal Contractors
US Code:
29 USC 207(e)(3)
Name of Law: Fair Labor Standards Act
EO: EO 14026 Name/Subject of EO: Increasing the Minimum Wage for Federal Contractors
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
1235-AA39
Proposed rulemaking
88 FR 62152
09/08/2023
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
23
IC Title
Form No.
Form Name
Application for Authorized Basic Rate
Application for Federal Certificate of Age
WH-14
Application for Federal Certificate of Age
General FLSA Records (Private Sector)
General FLSA Records (Public Sector)
Minimum Age Standards - Parental Consent
Petitions for Review and Reconsideration
Recording Schools With WECEP Students
Records When Claiming Partial Overtime Exemption for Remedial Education
Records When Paying Overtime on an "Applicable " or "Authorized Basic" Rate
Records for Overtime Payments Based on Trip Rate Plans
Records on Certain Agricultural Employees (Employees)
Records on Certain Agricultural Employees (Employers)
Records on Full-Time Students Paid Sub-Minimum Wages
Records on Messengers and Student Learners Paid Sub-Minimum Wages
Records on State/Local Government Employees Receiving Compensatory Time
Records on Tipped Employees
Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages
Requirements of a Bona Fide Thrift or Savings Plan and a Bona Fide Profit-Sharing Plan or Trust
WECEP Written Training Agreement
Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors in Hand Harvesting of Short Season Crops
Work Experience and Career Exploration Program (WECEP) Application
Written Agreements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions
WH-5
Certificate of Training
Written Agrrements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The number of employers and number of employees subject to the FLSA has changed since the last filing. The NPRM would increase the number of workers for which employers must maintain records.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
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?
No
Agency Contact:
Robert Waterman 202 693-0805 waterman.robert@dol.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
09/08/2023
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