OMB.report

Federal forms, ICRs, and supporting documents

Information Collection Request

Fair Labor Standards Act Special Employment Provisions

ICR 202410-1235-004 · OMB 1235-0001 · Received in OIRA

Forms and Documents
Document
Name
Status
Form and Instruction
 Unchanged
Form and Instruction
 Modified
Supporting Statement A
2024-12-04
Supplementary Document
2024-11-07
Supplementary Document
2024-11-07
IC Document Collections
IC ID
Document
Title
Status
195818
Unchanged
195817 Unchanged
195807 Modified
195806 Unchanged
195805 Unchanged
195799 Unchanged
13920 Unchanged
ICR Details
1235-0001 202410-1235-004
Received in OIRA 202410-1235-003
DOL/WHD 1235-0001
Fair Labor Standards Act Special Employment Provisions
Revision of a currently approved collection   No
Regular 12/04/2024
  Requested Previously Approved
36 Months From Approved 07/31/2027
1,338,538 1,338,561
671,445 671,464
2,258 2,284
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), WH-226A (Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Special Minimum Wages), and the Department’s webpage with instructions for section 14(c) certificate applications. The proposed changes eliminate the option for new applications in WH-226 and WH-226A forms via paper and electronic formats.
US Code: 29 USC 214(b) Name of Law: Fair Labor Standards Act
   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
  
None
1235-AA14 Proposed rulemaking 89 FR 96466 12/04/2024
  89 FR 96466 12/04/2024
No
  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 1,338,538 1,338,561 0 -23 0 0
Annual Time Burden (Hours) 671,445 671,464 0 -19 0 0
Annual Cost Burden (Dollars) 2,258 2,284 0 -26 0 0
No
Yes
Changing Regulations
Should the proposed rule go to a final rule, as of the effective date of the final rule, no new section 14(c) certificates will be issued, as a result there will be a decrease in respondents, responses, burden hours, burden costs. The section 14(c) final rule phases out the issuance of section 14(c) renewal certificates over a 3-year period. Three years after the effective date of the final rule, all respondents, responses, burden hours, and burden costs associated with FLSA section 14(c) will be reduced to zero. However, there is an increase in burden costs due to increased employee wages and benefits as well as postage rates.
$43,886
No
    Yes
    No
No
No
No
No
robert waterman 202 693-0805 waterman.robert@dol.gov
  No
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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
12/04/2024