[Federal Register Volume 70, Number 221 (Thursday, November 17, 2005)]
[Notices]
[Page 69786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6360]


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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 
ADDRESSES section below on or before January 17, 2006.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, E-mail [email protected]. Please 
use only one method of transmission for comments (mail, fax, or E-
mail).

SUPPLEMENTARY INFORMATION:

I. Background

    The Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., sets 
minimum wage, overtime pay, youth employment and certain recordkeeping 
standards. These requirements generally apply to employees engaged in 
interstate commerce or in the production of goods for interstate 
commerce, as well as to employees in certain enterprises (including 
employees of a public agency); however, the Act provides exemptions 
from some of its standards for employees in certain types of 
employment.
    The FLSA generally requires employers to pay overtime hours (i.e., 
time in excess of forty hours in a workweek) worked by employees 
covered by the Act at time and one-half the employee's regular rate of 
pay. FLSA section 7(q) provides a partial overtime exemption that 
allows an employer to employ any employee who lacks a high school 
diploma or whose reading level or basic skills is at or below the 
eighth grade level for up to ten overtime hours per week without paying 
the usually required half-time premium, if the employee is receiving 
remedial education during such overtime hours. The employer-provided 
remedial education must be designed to provide up to eighth grade level 
basic skills or to fulfill the requirements for a high school diploma 
or General Educational Development (GED) certificate and may not 
include job-specific training. The employer must also compensate for 
time spent in such remedial education at no less than the employee's 
regular rate of pay. Regulations, 29 CFR Part 516, Records to be Kept 
by Employers, contain the basic recordkeeping requirements for 
employers of employees subject to FLSA protections. In addition to the 
basic recordkeeping requirements, Regulations 29 CFR 516.34 requires 
employers using this partial overtime exemption to indicate the hours 
an employee engages in exempt remedial education each workday and total 
hours each workweek. The employer may either state the hours separately 
or make a notation on the payroll. The subject information collection 
relates only to the section 516.34 requirements. This information 
collection is currently approved for use through July 31, 2006.

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;
    * 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.

III. Current Actions

    The Department of Labor seeks the approval of the extension of this 
information collection in order to review and determine employer 
compliance with the applicable section of the Fair Labor Standards Act 
(FLSA). These recordkeeping requirements for employers utilizing the 
partial overtime exemption for remedial education are necessary to 
ensure employees are paid in compliance with the remedial education 
provisions of the FLSA.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: 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.
    Type of Response: Recordkeeping.
    Total Respondents: 15,000.
    Total Annual responses: 30,000.
    Estimated Total Burden Hours: 5,000.
    Estimated Time Per Response: 1 minute per week for 10 weeks (10 
minutes per year).
    Total 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: November 10, 2005.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and Planning 
Employment Standards Administration.
[FR Doc. E5-6360 Filed 11-16-05; 8:45 am]
BILLING CODE 4510-P