Records to be kept by Employers-Fair Labor Standards Act

OMB Control No: 1235-0018	ICR Reference No: 201006-1235-002
Status: Historical Inactive	Previous ICR Reference No: 201004-1235-001
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: 12/06/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/02/2011
Terms of Clearance: The information collection requirements associated with this proposed rule are not approved at this time. DOL will consider public comments on these provisions and ressubmit at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	10/31/2013
Responses	39,462,547	0	39,462,547
Time Burden (Hours)	853,924	0	853,924
Cost Burden (Dollars)	0	0	0

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Abstract: Employers respond to these information collections to document compliance with the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq.

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Authorizing Statute(s): US Code: 29 USC 213(c) Name of Law: Fair Labor Standards Act    US Code: 29 USC 207(e)(3) Name of Law: Fair Labor Standards Act    US Code: 29 USC 203(l) 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 207(q) Name of Law: Fair Labor Standards Act    US Code: 29 USC 211(c) Name of Law: Fair Labor Standards Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA06	Proposed rulemaking	76 FR 54836	09/02/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 23

IC Title Form No. Form Name General FLSA Records (Private Sector) Application for Federal Certificate of Age WH-14, WH-14 (revised) Application for Federal Certificate of Age ,   Application for Federal Certificate of Age 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 WECEP Written Training Agreement Recording Schools With WECEP Students Requirements of a Bona Fide Thrift or Savings Plan and a Bona Fide Profit-Sharing Plan or Trust Records When Claiming Partial Overtime Exemption for Remedial Education Application for Authorized Basic Rate General FLSA Records (Public Sector) Records on Certain Agricultural Employees (Employees) Records on Full-Time Students Paid Sub-Minimum Wages Records on Messengers and Student Learners Paid Sub-Minimum Wages Third party disclosure parental consent non-hazardous agricultural work Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages Records on State/Local Government Employees Receiving Compensatory Time Records on Tipped Employees Records on Certain Agricultural Employees (Employers) Written Agreements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions Written Agrrements to Claim the Agricultural Student Learner and Parental Exemption to Youth Employment Resrtictions Records When Paying Overtime on an "Applicable " or "Authorized Basic" Rate Petitions for Review and Reconsideration Records for Overtime Payments Based on Trip Rate Plans

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The agency discretion increase in burden is due to a change in the regulations. Pursuant to 29 CFR 570.2(b), a change is proposed to conform to the existing provisions requiring "written consent" from a parent or person standing in the place of a parent allowing a minor age 12 or 13 years to perform non-hazardous work in agriculture outside of school hours. The proposed regulations make it a requirement for minors under age 12 years to also have written parental consent to perform non-hazardous work in agriculture outside of school hours. The existing regulation only requires "consent." The proposed regulation will require "written consent" for persons under age 12.

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Annual Cost to Federal Government: $0

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: Mary Ziegler 202 693-0517

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Common Form ICR:  No

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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: 09/02/2011

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