[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)] [Notices] [Pages 28499-28500] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-13615] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Employment Standards Administration Proposed Collection; Comment Request
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. 3506(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 Employment Standards Administration is soliciting comments concerning the
proposed extension collection of Form WH-46, Application For Certificate to Employ Homeworkers, and Form WH-75, Homeworker Handbook. Copies of the proposed information collection request can be obtained by contacting the office listed below in the addressee section of this notice.
Dates
Written comments must be submitted to the office listed in the addressee section below on or before July 23, 1997. 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; • 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; • Enhance the quality, utility and clarity of the information to be collected; and • 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.
Addresses
Mr. Rich Elman, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone (202) 219-6375 (this is not a toll-free number), fax 202-219-6592.
Supplementary Information
I. Background
Sections 11(d) of the Fair Labor Standards Act (FLSA), authorizes the Secretary of Labor to regulate, restrict, or prohibit industrial homework as necessary to prevent evasion of the minimum wage requirements of the Act. In order to be permitted to employ homeworkers in the restricted industries (knitted outwear, women's apparel, jewelry manufacturing, gloves and mittens, button and buckle manufacturing, handkerchief manufacturing and embroideries) under the certification program, an employer must first apply to the Wage and Hour Division for a certificate. The employer's application (WH-46) must contain information required by section 530.102 of Regulations, 29 CFR Part 530, Employment of Homeworkers in Certain Industries, including the names and addresses and languages spoken (other than English) by the homeworkers. Section 516.31(c) of Regulations, 29 CFR Part 516, Records to be kept by Employers, requires that employers obtain from the Wage and Hour Division (WHD), a separate homeworker handbook for each homeworker employed. The employer must insure that all homeworkers make proper entries in the handbook concerning their hours of work.
II. Current Actions
The Department of Labor (DOL) seeks extension of approval to collect this information on: Form WH-46, to provide the WHD a means of identifying employers of homeworkers and individual homeworkers in the restricted industries who may not be identified otherwise; and, on Form WH-75, to ensure that employers fulfill their obligation to obtain and record accurate hours worked information whenever homework is distributed to and collected from employees. Homeworkers record the information as the work is performed. Failure to require an employer to collect this information would make it extremely difficult to determine whether homeworkers are being paid in compliance with the FLSA. Type of Review: Extension. Agency: Employment Standards Administration. Titles: Application For Certificate to Employ Homeworkers, and Homeworker Handbook. OMB Number: 1215-0013 Agency Numbers: WH-46 and WH-75. Affected Public: Individuals or households; Business or other for- profit; Not for-profit institutions. Total Respondents: 14,175. Frequency: On occasion. Total Responses: 56,663. Average Time Per Response for Reporting: \1/2\ hour for WH-46; \1/ 2\ hour for WH-75. Average Time Per Response for Recordkeeping: \1/2\ hour for Piece Rate Measurements; \1/2\ hour for WH-75. Estimated Total Burden Hours: 28,916. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/maintenance): $13.30. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.
Dated: May 19, 1997. Cecily A. Rayburn, Director, Division of Financial Management, Office of Management Administration and Planning, Employment Standards, Administration. [FR Doc. 97-13615 Filed 5-22-97; 8:45 am] BILLING CODE 4510-27-M