[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Notices]
[Pages 30980-30981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11911]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Revision of the Approval of Information Collection 
Requirements

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 proposal to extend OMB approval of the 
information collection issued OMB Control Number 1215-0032 (Application 
for Authority to Employ Full-Time Students at Subminimum Wages in 
Retail/Service Establishments or Agriculture) and to combine it with 
the information collection controlled under number 1215-0080 
(Application for Authority for an Institution of Higher Education to 
Employ Its Full-Time Students at Subminimum Wages Under Regulations 29 
CFR Part 519). The title of the revised information collection will be: 
Applications to Employ Full-time Students at Subminimum Wages in Retail 
or Service Establishments, Agriculture, and Institutions of Higher 
Education (WH-200, WH-201, WH-202). A copy of the revised 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 July 28, 2008.

ADDRESSES: Ms. Hazel Bell, U.S. Department of Labor, 200 Constitution 
Ave., NW., Room S-3201, Washington, DC 20210, telephone (202) 693-0419, 
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) sections 14(b)(1)-
(3), 29 U.S.C. 214(b)(1)-(3), require the Secretary of Labor, to the 
extent necessary to prevent curtailment of opportunities for 
employment, to provide certificates authorizing the employment of full-
time students at not less than 85 percent of the applicable minimum 
wage or less than $1.60, whichever is higher, in (1) retail or service 
establishments and agriculture (See 29 CFR 519.1(a)); and (2) 
institutions of higher education (See 29 CFR 519.11(a)). These 
provisions set limits on such employment as well as prescribe 
safeguards to protect the full-time students so employed and the full-
time employment opportunities of other workers. See 29 CFR 519.1(b), 
519.11(b). Forms WH-200, WH-201, and WH-202 are voluntary-use 
application forms an authorized representative of an employer may 
prepare and sign to request a certificate authorizing the employment of 
full-time students at subminimum wages. Form WH-200 requests authority 
to employ more than six full-time students at subminimum wages at a 
named establishment in a monthly amount not exceeding (1) 10 percent of 
the total monthly hours worked by all employees of that establishment 
or (2) specific percentages, based on historic employment data, of 
total employee hours. Form WH-202 requests authority to employ up to 
six full-time students at subminimum wages throughout the employer's 
enterprise on any given day. Form WH-201 requests authority for an

[[Page 30981]]

institution of higher education to pay subminimum wages to its full-
time students employed by the institution. The reverse side of Form WH-
201 also serves as a Notice of Temporary Authority the institution of 
higher education may post that provides temporary authority allowing it 
to employ full-time students at subminimum wages for 30 days after 
forwarding the properly completed application to the Wage and Hour 
Division (WHD). The authority under Form WH-201 remains in effect for 
one year-unless the WHD denies the application within 30 days, issues a 
certificate with modified terms or conditions, or expressly extends the 
30-day review period. The 1215-0032 information collection is currently 
approved for use through November 30, 2008, and the 1215-0080 
information collection is currently approved for use through December 
31, 2008.
    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 revision of this currently approved information collection in order 
to determine whether to grant or deny subminimum wage authority to the 
applicant(s); to allow employers to request a certificate authorizing 
payment of subminimum wages to full-time students and thereby increase 
job opportunities for such students, if approved.
    Type of Review: Revision.
    Agency: Employment Standards Administration.
    Title: Applications to Employ Full-time Students at Subminimum 
Wages in Retail or Service Establishments, Agriculture, and 
Institutions of Higher Education.
    OMB Number: 1215-0032.
    Agency Numbers: WH-200, WH-201, WH-202.
    Affected Public: Business or other for-profit, Farms, Not-for-
profit institutions.
    Total Respondents: 389.
    Total Annual Responses: 389.
    Estimated Time per Response: 15 minutes.
    Estimated Total Burden Hours: 97.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $171.16.
    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 22, 2008.
Hazel Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. E8-11911 Filed 5-28-08; 8:45 am]
BILLING CODE 4510-27-P