Records to be kept by Employers--Fair Labor Standards Act

OMB Control No: 1235-0018	ICR Reference No: 201412-1235-002
Status: Historical Inactive	Previous ICR Reference No: 201409-1235-002
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: 09/28/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/09/2015
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, the agency 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	12/31/2016	12/31/2016	12/31/2016
Responses	40,998,533	0	40,998,533
Time Burden (Hours)	1,250,164	0	1,250,164
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 207(e)(3) 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    US Code: 29 USC 213(c) Name of Law: Fair Labor Standards Act    US Code: 29 USC 203(l) Name of Law: Fair Labor Standards Act    EO: EO 13658 Name/Subject of EO: Establishing a Minimum Wage for Contractors

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA11	Proposed rulemaking	80 FR 38516	07/06/2015

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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 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

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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 Department has used an updated version of the U.S. census report which reports more employers and this subsequently increases both responses and burden hours. In addition, the Department's proposed NPRM results in a net increase of responses and burden hours. However, note that previously the Department issued a Final Rule with respect to Domestic Service. As part of that Final Rule, the Department added burden for regulatory familiarization. The first year of that period has passed by so the burden substantially reduces for that particular action in subsequent years. While the Rule is stayed pending appeal, this was a recent action by the courts which followed the year of regulatory familiarization by the regulated community.

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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: 07/09/2015

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