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

OMB Control No: 1235-0018	ICR Reference No: 202102-1235-001
Status: Received in OIRA	Previous ICR Reference No: 201907-1235-001
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	Date Submitted to OIRA: 02/23/2021

	Requested	Previously Approved
Expiration Date	11/30/2022	11/30/2022
Responses	47,118,160	46,959,856
Time Burden (Hours)	3,626,426	3,625,986
Cost Burden (Dollars)	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(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    US Code: 29 USC 203(l) 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-AA21	Proposed rulemaking	84 FR 67681	12/11/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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

IC Title Form No. Form Name 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 When Paying Overtime on an "Applicable " or "Authorized Basic" Rate Petitions for Review and Reconsideration Records for Overtime Payments Based on Trip Rate Plans Records on Messengers and Student Learners Paid Sub-Minimum Wages Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages Records on State/Local Government Employees Receiving Compensatory Time Written Agrrements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions Written Agreements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions WH-5 Certificate of Training Records on Tipped Employees Records on Certain Agricultural Employees (Employers) General FLSA Records (Private Sector) Application for Federal Certificate of Age WH-14 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 Minimum Age Standards - Parental Consent

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ICR Summary of Burden

	Total Request	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	47,118,160	46,959,856	0	0	158,304	0
Annual Time Burden (Hours)	3,626,426	3,625,986	0	0	440	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: The slight increase in responses and burden hours is associated with the estimated number of employers of tipped employees as a result of the tips final rule.

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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 [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: 02/23/2021

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