Information Collections Pertaining to Special Employment Under the Fair Labor Standards Act

Forms and Documents

Document Name	Status
Form WH-75 Spanish Homeworker Handbook Form and Instruction	New
Form WH-226 Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages Form and Instruction	New
Form WH-201 Employment Under Special Certificates Students Learners Form	New
Form WH 209 Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners) Form and Instruction	Modified
1235-0001ss(20110124).doc Supporting Statement A	2011-01-24

IC Document Collections

IC ID	Document Title	Status
195818	Piece Rate Measurements	New
195817	Homeworker Handbook Form and Instruction	New
195807	Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages Form and Instruction	New
195806	Application to Employ Homeworkers Instruction	New
195805	Employment Under Special Certificates Students Learners Form	New
195799	Application for Special Industrial Homeworker's Certificate Instruction	New
193511	Employment of Homeworkers in Certain Industries Instruction	New
13920	Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners) Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0001	ICR Reference No: 201004-1235-003
Status: Historical Active	Previous ICR Reference No: 201003-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Information Collections Pertaining to Special Employment Under the 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: Approved without change	Conclusion Date: 03/14/2011
	Date Received in OIRA: 01/28/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	36 Months From Approved	03/31/2012
Responses	1,225,725	0	700
Time Burden (Hours)	626,984	0	350
Cost Burden (Dollars)	2,587	0	0

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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.

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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:
	75 FR 30861	06/02/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 5209	01/28/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners)	WH-205, WH 209	Application for a Certificate to Employ Learners and/or Messengers at Subminimum Wages ,   Application for Authorization to Employ A Student-Learner at Subminimum Wages
Employment of Homeworkers in Certain Industries
Employment Under Special Certificates Students Learners	WH-200, WH-202, WH-201	Higher Education to Employ its Full-Time Students at Subminimum Wages Under Regulations 29 CFR Part 519 ,   Application for Authority to Employ Six or Fewer Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture ,   Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture
Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages	WH-226, WH-226A	Application for Authority to Employ Workers with Disabilities at Special Minimum Wages ,   Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Special Minimum Wages
Application to Employ Homeworkers	WH-46	Application for Certificate to Employ Homeworkers
Homeworker Handbook	WH-75 Spanish, WH-75	Manual Para Empleado (a) Casero ,   Homeworker Handbook (English version)
Piece Rate Measurements
Application for Special Industrial Homeworker's Certificate	WH-2	Application for Special Industrial Homeworker's Certificate

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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	1,225,725	700	0	1,225,125	-100	0
Annual Time Burden (Hours)	626,984	350	0	626,608	26	0
Annual Cost Burden (Dollars)	2,587	0	0	2,399	188	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: DOL has no significant program changes or adjustments affecting public burdens to report. Discretionary changes in the anticipated burdens for this information collection result from the merger of multiple individual information collections into one consolidated information collection request. The decrease in burden for form WH-205 is based on a decrease in completed forms submitted by employers. The increase in burden for Form WH-2 is not an actual increase. The DOL is required to offer the form for potential applicants but has not received any submissions over the last three years. The indication of a single response is to allow for the system inability to accept a zero.

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Annual Cost to Federal Government: $28,962

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

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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: 01/28/2011

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