[Federal Register Volume 71, Number 19 (Monday, January 30, 2006)]
[Notices]
[Pages 4940-4941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1133]


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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: Application for 
Certificate to Employ Homeworker (WH-46), Piece Rate Measurements, and 
Homeworker Handbooks (WH-75). 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 March 31, 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

    Fair Labor Standards Act (FLSA) Sec.  11(d) 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. Restrictions exist on seven homework 
industries, (knitted outerwear, women's apparel, jewelry manufacturing, 
gloves and mittens, button and buckle manufacturing, handkerchief 
manufacturing, and embroideries). DOL permits individual industrial 
homework in these restricted industries only if a special homework 
certificate is in effect or in certain hardship cases. Homework has 
always been permitted under the FLSA in all other industries; provided, 
the employer maintains homeworker handbooks for such employees 
recording their hours of work and other required payroll information. 
Form WH-46, Application to Employ Homeworkers, provides the Wage Hour 
Division (WHD) with a means of identifying employers of homeworkers, 
and individual workers, in the restricted industries who may not be 
identified otherwise. The Piece Rate Measurement requires that 
employers record and retain documentation of the method used to 
establish pieces rates is necessary so that WHD can verify that rates 
were properly determined and will result in wage payments to 
homeworkers at a rate at least equal to the FLSA minimum wage for all 
hours worked in the work week. Form WH-75, Homeworker Handbook is used 
to insure that employers fulfill their obligation to obtain and record 
accurate hours worked information whenever they distribute homework to 
employees and collect it from them, homeworkers record the information 
as they perform the work. Individual homeworkers retain their own 
handbooks until completely filled-in and then return them to the 
employer. This information collection is currently approved for use 
through August 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 approval for the extension of this 
information collection in order to insure employees are paid in 
compliance with the Fair Labor Standards Act (FLSA).
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: Application to Employ Homeworkers Piece Rate Measurements, 
Homeworker Handbooks.
    OMB Number: 1215-0013.
    Agency Number: WH-46 and WH-75.
    Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
    Total Respondents (Recordkeeping and Reporting): 377,606.
    Total Responses (Recordkeeping and Reporting): 1,208,195.
    Time per Response: 30 minutes.
    Frequency: On Occasion.
    Estimated Total Burden Hours (Recordkeeping and Reporting): 
614,241.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

[[Page 4941]]



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                                                                                         Avg. time
                                                                 No. of       No. of        per         Burden
                Title                         Form No.        respondents   responses     response      hours
                                                                                         (minutes)
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Reporting Burden:
    Application To Employ Homeworkers  WH-46................           50           25         30          12.5
    Homeworker Handbooks.............  WH-75................      302,005    1,208,020         30     604,010
Recordkeeping Burden:
    Piece Rate Measurement...........  .....................           50          150         60.5       151.25
    Homeworker Handbooks.............  .....................       75,501    1,208,020           .5    10,067
                                      ------------------------
        Total........................  .....................      377,606    1,208,195  ...........   614,241
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    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: January 25, 2006.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. E6-1133 Filed 1-27-06; 8:45 am]
BILLING CODE 4510-27-P