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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:
1235-0001
ICR Reference No:
201711-1235-002
Status:
Historical Active
Previous ICR Reference No:
201510-1235-001
Agency/Subagency:
DOL/WHD
Agency Tracking No:
Title:
Fair Labor Standards Act Special Employment Provisions
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
09/10/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/25/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2021
12/31/2019
12/31/2019
Responses
1,345,357
0
1,345,307
Time Burden (Hours)
693,807
0
693,807
Cost Burden (Dollars)
2,482
0
3,489
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. For this revision request specifically, the Department proposes to revise forms WH-226 (Application for Authority to Employ Workers with Disabilities at Special Minimum Wages) and WH-226A (Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Special Minimum Wages). The proposed change is to provide an electronic form for the public’s use when completing the WH-226 and/or WH-226A forms. An online platform has been created so the WH-226 and WH-226A forms may be submitted electronically. The substance of the proposed electronic forms is substantially the same with minor word changes to accommodate the type of submission (electronic versus paper).
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:
81 FR 78861
11/09/2016
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 29139
06/22/2018
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Application for Special Industrial Homeworker's Certificate
WH-2
Application for Special Industrial Homeworker's Certificate
Application to Employ Homeworkers
WH-46
Application for Certificate to Employ Homeworkers
Employment Under Special Certificates Students Learners
WH-200, WH-201, WH-202
Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 C.F.R. Part 519
,
Higher Education to Employ its Full-time Students at Subminimum Wages Under Regulations 29 C.F.R. Part 519
,
Application for Authority to Employ Six or Fewer Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 C.F.R. Part 519
Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners)
WH-209, WH-205
Application for a Certificate to Employ Messengers/Learners at Subminimum Wages
,
Application for Authorization to Employ A Student-Learner at Subminimum Wages
Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages
WH-226 and WH-226A electronic form, WH-226, WH-226A
Application for Authority to Employ Workers with Disabilities at Subminimum Wages
,
Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Subminimum Wages
,
Section 14c Certificate Application electronic
Homeworker Handbook
WH-75, WH-75sp
Homeworker Handbook
,
Manual Para Empleado(a) Casero(a)
Piece Rate Measurements
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
1,345,357
1,345,307
0
0
50
0
Annual Time Burden (Hours)
693,807
693,807
0
0
0
0
Annual Cost Burden (Dollars)
2,482
3,489
0
0
-1,007
0
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:
Annual Cost to Federal Government:
$141,832
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?
Uncollected
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:
06/25/2018
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