Fair Labor Standards Act Special Employment Provisions

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

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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).

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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

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

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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

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Number of Information Collection (IC) in this ICR: 7

IC Title Form No. Form Name 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 Application to Employ Homeworkers WH-46 Application for Certificate to Employ Homeworkers Homeworker Handbook WH-75, WH-75sp Homeworker Handbook ,   Manual Para Empleado(a) Casero(a) Piece Rate Measurements Application for Special Industrial Homeworker's Certificate WH-2 Application for Special Industrial Homeworker's Certificate 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 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

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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:

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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 [email protected]

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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: 06/25/2018

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