81 FR 13422 - Agency Information Collection Activities; Comment Request; Proposed Extension of the Approval of Information Collection Requirements; Records To Be Kept by Employers-Fair Labor Standards Act

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 81, Issue 49 (March 14, 2016)

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95). 44 U.S.C. 3056(c)(2)(A). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Records to be kept by Employers--Fair Labor Standards Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13422-13423]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05662]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Proposed Extension of the Approval of Information Collection 
Requirements; Records To Be Kept by Employers--Fair Labor Standards Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95). 44 U.S.C. 3056(c)(2)(A). This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Wage and Hour Division is soliciting comments concerning 
its proposal to extend Office of Management and Budget (OMB) approval 
of the Information Collection: Records to be kept by Employers--Fair 
Labor Standards Act. A copy of the proposed information request can be 
obtained by contacting the office listed below in the FOR FURTHER 
INFORMATION CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before May 13, 2016.

ADDRESSES: You may submit comments identified by Control Number 1235-
0018, by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue NW., 
Washington, DC 20210. Instructions: Please submit one copy of your 
comments by only one method. All submissions received must include the 
agency name and Control Number identified above for this information 
collection. Because we continue to experience delays in receiving mail 
in the Washington, DC area, commenters are strongly encouraged to 
transmit their comments electronically via email or to submit them by 
mail early. Comments, including any personal information provided, 
become a matter of public record. They will also be summarized and/or 
included in the request for OMB approval of the information collection 
request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance 
Specialist, Division of Regulations, Legislation, and Interpretation, 
Wage and Hour, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue NW., Washington, DC 20210; telephone: (202) 693-0406 (this is 
not a toll-free number). Copies of this notice may be obtained in 
alternative formats (Large Print, Braille, Audio Tape, or Disc), upon 
request, by calling (202) 693-0023 (not a toll-free number). TTY/TTD 
callers may dial toll-free (877) 889-5627 to obtain information or 
request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Wage and Hour Division of the Department of 
Labor administers the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, 
et seq.,which

[[Page 13423]]

sets the Federal minimum wage, overtime pay, recordkeeping, and youth 
employment standards of most general application. See 29 U.S.C. 206; 
207; 211; 212. FLSA requirements apply to employers of employees 
engaged in interstate commerce or in the production of goods for 
interstate commerce and of employees in certain enterprises, including 
employees of a public agency; however, the FLSA contains exemptions 
that apply to employees in certain types of employment. See 29 U.S.C. 
213, et al.
    FLSA section 11(c) requires all employers covered by the FLSA to 
make, keep, and preserve records of employees and of wages, hours, and 
other conditions and practices of employment. See 29 U.S.C. 211(c). A 
FLSA covered employer must maintain the records for such period of time 
and make such reports as prescribed by regulations issued by the 
Secretary of Labor. Id.
    The DOL has promulgated regulations 29 CFR part 516 to establish 
the basic FLSA recordkeeping requirements. The DOL has also issued 
specific sections of regulations 29 CFR parts 10, 505, 519, 520, 525, 
530, 547, 548, 549, 551, 552, 553, 570, 575, and 794 to supplement the 
part 516 requirements and to provide for the creation and maintenance 
of records relating to various FLSA exemptions and special provisions.
    The Wage and Hour Division (WHD) uses this information to determine 
whether covered employers have complied with various FLSA requirements. 
Employers use the records to document FLSA compliance, including 
showing qualification for various FLSA exemptions.
    The WHD seeks approval to renew this information collection related 
to various FLSA recordkeeping requirements.
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    III. Current Actions: The Department of Labor seeks an approval for 
the extension of this information collection that requires employers to 
make, maintain, and preserve records in accordance with statutory and 
regulatory requirements.
    Type of Review: Extension.
    Agency: DOL--Wage and Hour Division.
    Title: Records to be kept by Employers--Fair Labor Standards Act.
    OMB Control Number: 1235-0018.
    Affected Public: State, Local, and Tribal Governments; and Private 
Sector businesses or other for-profit, Not-for-profit institutions, 
Farms.
    Agency Numbers: Form WH-14, Form WH-5.
    Total Estimated Number of Respondents: 4,355,492.
    Total Estimated Number of Annual Responses: 43,975,849.
    Estimated Annual Total Burden Hours: 983,153
    Estimated Time per Response: various.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $0.

    Dated: March 8, 2016.
Mary Ziegler,
Assistant Administrator for Policy.
[FR Doc. 2016-05662 Filed 3-11-16; 8:45 am]
 BILLING CODE 4510-27-P