83 FR 19300 - Agency Information Collection Activities; Comment Request; Proposed Revision; Information Collections: Employment Information Form
DEPARTMENT OF LABOR
Wage and Hour Division Federal Register Volume 83, Issue 85 (May 2, 2018)
Wage and Hour Division
Federal Register Volume 83, Issue 85 (May 2, 2018)
| Page Range | 19300-19301 | |
| FR Document | 2018-09301 |
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)] [Notices] [Pages 19300-19301] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09301] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Wage and Hour Division Agency Information Collection Activities; Comment Request; Proposed Revision; Information Collections: Employment Information Form AGENCY: Wage and Hour Division, Department of Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Department of Labor (DOL) is soliciting comments concerning a proposed revision of the information collection request (ICR) titled, ``Employment Information Form.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA. 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. 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 July 2, 2018. ADDRESSES: You may submit comments identified by Control Number 1235- 0021, 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 Office of Management and Budget (OMB) approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, 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 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 [[Page 19301]] 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(a) provides that the Secretary of Labor may investigate and gather data regarding the wages, hours, or other conditions and practices of employment in any industry subject to the FLSA, and may enter and inspect such places and such records (and make such transcriptions thereof), question such employees, and investigate such facts, conditions, practices, or matters deemed necessary or appropriate to determine whether any person has violated any provision of the FLSA. 29 U.S.C. 211(a). Other Federal laws the WHD administers provide similar authority. These Acts include the: Walsh-Healey Public Contracts Act (41 U.S.C. 38); McNamara-O'Hara Service Contract Act (41 U.S.C. 353(a)); Davis- Bacon Act (40 U.S.C. 3141 et seq., pursuant to Reorganization Plan No. 14 of 1950, and Related Acts); Consumer Credit Protection Act (15 U.S.C. 1676); Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1862(a)); Employee Polygraph Protection Act (29 U.S.C. 2004(a)(3)); Family and Medical Leave Act (29 U.S.C. 2616(a)); Immigration and Nationality Act H-2A program (8 U.S.C. 1188(g)); the Immigration and Nationality Act H-2B program (8 U.S.C. 1184(c)(14(B) and the Immigration and Nationality Act H-1C program (8 U.S.C. 1182(m)(2)(E)(ii)). The regulatory provisions authorizing the filing of complaints under these laws and how the agency acts upon the concerns can be found at 29 CFR 4.191, 5.6, 500.1(e), 501.1(c), 501.5, 801.7(a)(3), 825.401; 41 CFR 50-201.1202; and 20 CFR 655.1200(b). WHD staff use Form WH-3 as a guide for obtaining optional information from complainants (e.g., current and former employees, unions, and competitor employers, self-reporting employers) about alleged employer violations of the labor standards provisions of the above-cited Acts. Complainants generally provide the optional information requested on the form to WHD staff over the telephone or in-person. Where the information provided does not support a potential WHD enforcement action, complainants are advised and referred to the appropriate agency for further assistance. When the WHD schedules a complaint-based investigation, the agency makes the completed Form WH-3 part of the investigation case file. The form is printed in both English and Spanish. The Wage and Hour Division (WHD) uses this information to determine whether covered employers have complied with various legal requirements of the laws administered by the Wage and Hour Division. The WHD seeks a revision to this collection associated with the new pilot self-audit program titled: Payroll Audit Independent Determination (PAID). Under the PAID program, employers are encouraged to conduct audits and, if they discover minimum wage or overtime violations, to self-report and correct their mistakes. This ICR is being submitted as a revision for approval for the addition of the PAID pilot program. 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 revision of this information collection in order to ensure effective administration of the government contract programs. Type of Review: Revision. Agency: Wage and Hour Division. Title: Information Collections: Employment Information Form. OMB Number: 1235-0021. Affected Public: Business or other for-profit, Not-for-profit institutions, Farms, State, Local, or Tribal Government. Total Respondents: 35,677. Total Annual Responses: 35,677. Estimated Total Burden Hours: 12,059. Estimated Time per Response: various. Frequency: On occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operation/maintenance): $5. Dated: April 26, 2018. Melissa Smith, Director, Division of Regulations, Legislation and Interpretation. [FR Doc. 2018-09301 Filed 5-1-18; 8:45 am] BILLING CODE 4510-27-P
![19300 Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices
beneficiary. The 21st Century Cures Act, including the validity of the properly assessed. A copy of the
among other things, contained methodology and assumptions used; proposed information request can be
provisions intended to improve • Enhance the quality, utility, and obtained by contacting the office listed
compliance with MHPAEA by requiring clarity of the information to be below in the FOR FURTHER INFORMATION
the Departments of Labor, Health and collected; and CONTACT section of this Notice.
Human Services, and the Treasury to • Minimize the burden of the DATES: Written comments must be
solicit feedback from the public on how collection of information on those who submitted to the office listed in the
to improve the process for group health are to respond, including through the ADDRESSES section below on or before
plans and issuers to disclose the use of appropriate automated, July 2, 2018.
information required under the electronic, mechanical, or other ADDRESSES: You may submit comments
MHPAEA and other laws. Approval of technological collection techniques or identified by Control Number 1235–
this ICR would implement the new other forms of information technology, 0021, by either one of the following
information collection requirements, e.g., permitting electronic submission of methods: Email: WHDPRAComments@
based on the public comments. Internal responses. dol.gov; Mail, Hand Delivery, Courier:
Revenue Code of 1986 section 9812, Agency: DOL–EBSA. Division of Regulations, Legislation, and
Employee Retirement Income Security Title of Collection: Mental Health Interpretation, Wage and Hour, U.S.
Act of 1974 section 712, and Public Parity and Addiction Equity Act Department of Labor, Room S–3502, 200
Health Service Act section 2705 Notices. Constitution Avenue NW, Washington,
authorize this information collection. OMB Control Number: 1210–0138. DC 20210. Instructions: Please submit
See 26 U.S.C. 9812, 29 U.S.C. 1185a, Affected Public: Private Sector— one copy of your comments by only one
and 42 U.S.C. 300gg–5. businesses or other for-profits and not- method. All submissions received must
This information collection is subject for-profit institutions. include the agency name and Control
Total Estimated Number of
to the PRA. A Federal agency generally Number identified above for this
Respondents: 1,154,036.
cannot conduct or sponsor a collection information collection. Because we
Total Estimated Number of
of information, and the public is continue to experience delays in
Responses: 1,154,036.
generally not required to respond to an Total Estimated Annual Time Burden: receiving mail in the Washington, DC
information collection, unless it is area, commenters are strongly
26,912 hours.
approved by the OMB under the PRA Total Estimated Annual Other Costs encouraged to transmit their comments
and displays a currently valid OMB Burden: $3,247,931. electronically via email or to submit
Control Number. In addition, them by mail early. Comments,
notwithstanding any other provisions of Authority: 44 U.S.C. 3507(a)(1)(D). including any personal information
law, no person shall generally be subject Dated: April 26, 2018. provided, become a matter of public
to penalty for failing to comply with a Michel Smyth, record. They will also be summarized
collection of information that does not Departmental Clearance Officer. and/or included in the request for Office
display a valid Control Number. See 5 [FR Doc. 2018–09291 Filed 5–1–18; 8:45 am]
of Management and Budget (OMB)
CFR 1320.5(a) and 1320.6. The DOL approval of the information collection
BILLING CODE 4510–29–P
obtains OMB approval for this request.
information collection under Control FOR FURTHER INFORMATION CONTACT:
Number 1210–0138. The DOL notes that DEPARTMENT OF LABOR Robert Waterman, Compliance
the authority for existing information Specialist, Division of Regulations,
collection requirements submitted to the Wage and Hour Division Legislation, and Interpretation, Wage
OMB continue while they undergo and Hour Division, U.S. Department of
review. New requirements would only Agency Information Collection Labor, Room S–3502, 200 Constitution
take effect upon OMB approval. For Activities; Comment Request; Avenue NW, Washington, DC 20210;
additional substantive information Proposed Revision; Information telephone: (202) 693–0406 (this is not a
about this ICR, see the related notices Collections: Employment Information toll-free number). Copies of this notice
published in the Federal Register on Form may be obtained in alternative formats
May 26, 2016, 81 FR 33550, and June AGENCY: Wage and Hour Division, (Large Print, Braille, Audio Tape, or
20, 2017, 82 FR 28095. Department of Labor. Disc), upon request, by calling (202)
Interested parties are encouraged to ACTION: Notice. 693–0023 (not a toll-free number). TTY/
send comments to the OMB, Office of TTD callers may dial toll-free (877) 889–
Information and Regulatory Affairs at SUMMARY: The Department of Labor 5627 to obtain information or request
the address shown in the ADDRESSES (DOL) is soliciting comments materials in alternative formats.
section by June 22, 2018. In order to concerning a proposed revision of the SUPPLEMENTARY INFORMATION:
help ensure appropriate consideration, information collection request (ICR) I. Background: The Wage and Hour
comments should mention OMB Control titled, ‘‘Employment Information Division of the Department of Labor
Number 1210–0138. The OMB is Form.’’ This comment request is part of administers the Fair Labor Standards
particularly interested in comments continuing Departmental efforts to Act (FLSA), 29 U.S.C. 201, et seq.,
that: reduce paperwork and respondent which sets the Federal minimum wage,
• Evaluate whether the proposed burden in accordance with the overtime pay, recordkeeping, and youth
collection of information is necessary Paperwork Reduction Act of 1995 (PRA. employment standards of most general
daltland on DSKBBV9HB2PROD with NOTICES
for the proper performance of the This program helps to ensure that application. See 29 U.S.C. 206; 207; 211;
functions of the agency, including requested data can be provided in the 212. FLSA requirements apply to
whether the information will have desired format, reporting burden (time employers of employees engaged in
practical utility; and financial resources) is minimized, interstate commerce or in the
• Evaluate the accuracy of the collection instruments are clearly production of goods for interstate
agency’s estimate of the burden of the understood, and the impact of collection commerce and of employees in certain
proposed collection of information, requirements on respondents can be enterprises, including employees of a
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![Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Notices 19301
public agency; however, the FLSA whether covered employers have Dated: April 26, 2018.
contains exemptions that apply to complied with various legal Melissa Smith,
employees in certain types of requirements of the laws administered Director, Division of Regulations, Legislation
employment. See 29 U.S.C. 213, et al. by the Wage and Hour Division. The and Interpretation.
FLSA section 11(a) provides that the WHD seeks a revision to this collection [FR Doc. 2018–09301 Filed 5–1–18; 8:45 am]
Secretary of Labor may investigate and associated with the new pilot self-audit BILLING CODE 4510–27–P
gather data regarding the wages, hours, program titled: Payroll Audit
or other conditions and practices of Independent Determination (PAID).
employment in any industry subject to Under the PAID program, employers are NATIONAL SCIENCE FOUNDATION
the FLSA, and may enter and inspect encouraged to conduct audits and, if (NSF)
such places and such records (and make they discover minimum wage or
such transcriptions thereof), question overtime violations, to self-report and Sunshine Act Meetings; National
such employees, and investigate such correct their mistakes. This ICR is being Science Board
facts, conditions, practices, or matters submitted as a revision for approval for
deemed necessary or appropriate to the addition of the PAID pilot program. The National Science Board, pursuant
determine whether any person has to NSF regulations (45 CFR part 614),
II. Review Focus: The Department of
violated any provision of the FLSA. 29 the National Science Foundation Act, as
Labor is particularly interested in
U.S.C. 211(a). amended, (42 U.S.C. 1862n–5), and the
comments which:
Other Federal laws the WHD Government in the Sunshine Act (5
administers provide similar authority. • Evaluate whether the proposed U.S.C. 552b), hereby gives notice of a
These Acts include the: Walsh-Healey collection of information is necessary revision to an announcement of
Public Contracts Act (41 U.S.C. 38); for the proper performance of the meetings for the transaction of National
McNamara-O’Hara Service Contract Act functions of the agency, including Science Board business.
(41 U.S.C. 353(a)); Davis-Bacon Act (40 whether the information will have
FEDERAL REGISTER CITATION OF PREVIOUS
U.S.C. 3141 et seq., pursuant to practical utility;
ANNOUNCEMENT: 83 FR 18351–53,
Reorganization Plan No. 14 of 1950, and • Enhance the quality, utility, and published on April 26, 2018.
Related Acts); Consumer Credit clarity of the information to be
PREVIOUSLY ANNOUNCED TIME AND DATE OF
Protection Act (15 U.S.C. 1676); Migrant collected;
THE MEETINGS:
and Seasonal Agricultural Worker • Evaluate the accuracy of the
Protection Act (29 U.S.C. 1862(a)); agency’s estimate of the burden of the Thursday, May 3, 2018
Employee Polygraph Protection Act (29 proposed collection of information, Committee on Strategy (CS)
U.S.C. 2004(a)(3)); Family and Medical including the validity of the
Leave Act (29 U.S.C. 2616(a)); methodology and assumptions used; Open session: 9:10–9:30 a.m.
Immigration and Nationality Act H–2A • Minimize the burden of the • Committee Chair’s Opening
program (8 U.S.C. 1188(g)); the collection of information on those who Remarks
Immigration and Nationality Act H–2B are to respond, including through the • Approval of Prior Minutes
program (8 U.S.C. 1184(c)(14(B) and the use of appropriate automated, • FY 2018 Appropriations and FY
Immigration and Nationality Act H–1C electronic, mechanical, or other 2019 Budget Request Summary
program (8 U.S.C. 1182(m)(2)(E)(ii)). technological collection techniques or • Committee Chair’s Reflections on
The regulatory provisions authorizing other forms of information technology, Past Board Term
the filing of complaints under these e.g., permitting electronic submissions Committee on Strategy (CS)
laws and how the agency acts upon the of responses.
concerns can be found at 29 CFR 4.191, Closed session: 9:30–10:30 a.m.
5.6, 500.1(e), 501.1(c), 501.5, 801.7(a)(3), III. Current Actions: The Department • Committee Chair’s Opening
825.401; 41 CFR 50–201.1202; and 20 of Labor seeks an approval for the Remarks
CFR 655.1200(b). revision of this information collection in • Approval of Prior Minutes
WHD staff use Form WH–3 as a guide order to ensure effective administration • FY 2018–FY 2019 Budget
for obtaining optional information from of the government contract programs. Discussion
complainants (e.g., current and former Type of Review: Revision. CHANGES IN THE MEETINGS:
employees, unions, and competitor Agency: Wage and Hour Division.
employers, self-reporting employers) Thursday, May 3, 2018
Title: Information Collections:
about alleged employer violations of the Employment Information Form. Committee on Strategy (CS)
labor standards provisions of the above-
OMB Number: 1235–0021. Open session: 9:10–10:10 a.m.
cited Acts. Complainants generally
provide the optional information Affected Public: Business or other for- • Committee Chair’s Opening
requested on the form to WHD staff over profit, Not-for-profit institutions, Farms, Remarks
the telephone or in-person. Where the State, Local, or Tribal Government. • Approval of Prior Minutes
information provided does not support Total Respondents: 35,677. • Convergence Accelerators and Big
a potential WHD enforcement action, Total Annual Responses: 35,677. Ideas
complainants are advised and referred • Committee Chair’s Reflections on
Estimated Total Burden Hours:
to the appropriate agency for further Past Board Term
12,059.
assistance. When the WHD schedules a Closed session: 10:10–10:30 a.m.
daltland on DSKBBV9HB2PROD with NOTICES
Estimated Time per Response: • Committee Chair’s Opening
complaint-based investigation, the various.
agency makes the completed Form WH– Remarks
3 part of the investigation case file. The Frequency: On occasion. • Approval of Prior Minutes
form is printed in both English and Total Burden Cost (capital/startup): • FY 2018 Appropriations
Spanish. $0. CONTACT PERSON FOR MORE INFORMATION:
The Wage and Hour Division (WHD) Total Burden Cost (operation/ Brad Gutierrez, bgutierr@nsf.gov, 703–
uses this information to determine maintenance): $5. 292–7000. Please refer to the National
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Document Created: 2018-05-02 00:49:54
Document Modified: 2018-05-02 00:49:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted to the office listed in the | |
| Contact | Robert Waterman, Compliance Specialist, Division of Regulations, Legislation, and Interpretation, Wage and Hour Division, 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. | |
| FR Citation | 83 FR 19300 |
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