[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Notices]
[Page 77081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31524]



[[Page 77081]]

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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 collection The Remedial Education 
Provisions of the Fair Labor Standards Act. A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the addresses section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before February 14, 2003.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339, fax (202) 693-1451, e-mail esa.gov">[email protected]esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
e-mail).

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Fair Labor Standards Act (FLSA), employees who lack a 
high school diploma or whose reading level or basic skills are at or 
below the eighth grade level, may be required by their employers to 
attend up to 10 hours per week of remedial education. Employees who are 
subject to the overtime provisions of the FLSA ordinarily must be paid 
one and one-half times their regular rate of pay for all hours worked 
over 40 in each workweek. The additional hours devoted to such remedial 
education would not have to be compensated at the same time and one-
half overtime rate; however, employees must receive compensation at 
their regular rate of pay for time spent receiving such remedial 
education. Employers wishing to utilize the partial overtime exemption 
for such employees must record the hours of employees spent in remedial 
education. This information collection is currently approved for use 
through June 30, 2003.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    [sbull] 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;
    [sbull] 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;
    [sbull] Enhance the quality, utility and clarity of the information 
to be collected; and
    [sbull] 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 seeks the extension of approval to collect this 
information in order to review and determine employer compliance with 
the applicable section of the FLSA.
    This information collection is for recordkeeping only. There is no 
change in the information collection request since the last OMB 
approval.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: The Remedial Education Provisions of the Fair Labor 
Standards Act.
    OMB Number: 1215-0175.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions; State, Local or Tribal Government.
    Total Recordkeepers: 15,000.
    Frequency: Once per week for 10 weeks.
    Average Time per Record: 1 minute per week for 10 weeks (10 min. 
per employee).
    Total Burden Hours: 15,000.
    Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    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: December 10, 2002.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Offie of Management, Administration and Planning, 
Employment Standards Administration.
[FR Doc. 02-31524 Filed 12-13-02; 8:45 am]
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