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

OMB Control No: 1235-0018	ICR Reference No: 202306-1235-002
Status: Received in OIRA	Previous ICR Reference No: 202111-1235-001
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: 09/08/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2024
Responses	41,160,407	47,118,160
Time Burden (Hours)	1,105,833	3,626,426
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 203(l) 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 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    EO: EO 14026 Name/Subject of EO: Increasing the Minimum Wage for Federal Contractors

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA39	Proposed rulemaking	88 FR 62152	09/08/2023

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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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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	41,160,407	47,118,160	0	0	-5,957,753	0
Annual Time Burden (Hours)	1,105,833	3,626,426	0	0	-2,520,593	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 number of employers and number of employees subject to the FLSA has changed since the last filing. The NPRM would increase the number of workers for which employers must maintain records.

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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: 09/08/2023

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