[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Notices]
[Pages 63159-63160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28781]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Labor.

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 Wage and Hour Division is soliciting comments concerning 
its proposal to extend the Office of Management and Budget (OMB) 
approval of the Information Collection: Employment Information (Forms 
WH-3 and WH-3 SP). A copy of the proposed information collection 
request can be obtained by contacting the office listed below in the 
FOR FURTHER INFORMATION CONTACT section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before February 1, 2010.

ADDRESSES: You may submit comments, identified by Control Number 1215-
0001, by either one of the following methods:
    E-mail: [email protected].
    Mail, Hand Delivery, Courier: Regulatory Analysis Branch, Wage and 
Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution 
Avenue, NW., Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. All submissions received must include the agency name and 
Control Number identified below for this information collection. 
Because we continue to experience delays in receiving mail in the 
Washington, DC area, commenters are strongly encouraged to transmit 
their comments electronically via e-mail to or to submit them by mail 
early.

FOR FURTHER INFORMATION CONTACT: Michel Smyth, Chief, Regulatory 
Analysis Branch, Division of

[[Page 63160]]

Interpretations and Regulatory Analysis, Wage and Hour Division, U.S. 
Department of Labor, Room S-3502, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Copies of this notice may be obtained in alternative 
formats (Large Print, Braille, Audio Tape or Disc), upon request, by 
calling (202) 693-0023 (not a toll-free number). TTY/TDD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

SUPPLEMENTARY INFORMATION:
    I. Background: This information collection provides a method for 
the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) 
to obtain information from complainants regarding alleged violations of 
the labor standards the agency administers and enforces. The law of 
most general application regarding wages and hours of work is the Fair 
Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. FLSA section 11(a) 
provides that the Secretary of Labor may investigate and gather data 
regarding the wages, hours, or other conditions and practices of 
employment in any industry subject to the FLSA, and may enter and 
inspect such places and such records (and make such transcriptions 
thereof), question such employees, and investigate such facts, 
conditions, practices, or matters deemed necessary or appropriate to 
determine whether any person has violated any provision of the FLSA. 29 
U.S.C. 211(a).
    Other Federal laws the WHD administers provide similar authority. 
These Acts include the: Walsh-Healey Public Contracts Act (41 U.S.C. 
38); McNamara-O'Hara Service Contract Act (41 U.S.C. 353(a)); Davis-
Bacon Act (40 U.S.C. 3141 et seq., pursuant to Reorganization Plan No. 
14 of 1950, and Related Acts); Consumer Credit Protection Act (15 
U.S.C. 1676); Migrant and Seasonal Agricultural Worker Protection Act 
(29 U.S.C. 1862(a)); Employee Polygraph Protection Act (29 U.S.C. 
2004(a)(3)); Family and Medical Leave Act (29 U.S.C. 2616(a)); 
Immigration and Nationality Act H-2A program (8 U.S.C. 1188(g)); and 
the Immigration and Nationality Act H-1C program (8 U.S.C. 
1182(m)(2)(E)(ii)). The regulatory provisions authorizing the filing of 
complaints under these laws and how the agency acts upon the concerns 
can be found at 29 CFR 4.191, 5.6, 500.1(e), 501.1(c), 501.5, 
801.7(a)(3), 825.401; 41 CFR 50-201.1202; and 20 CFR 655.1200(b).
    WHD staff use Form WH-3 as a guide for obtaining optional 
information from complainants (e.g., current and former employees, 
unions, and competitor employers) about alleged employer violations of 
the labor standards provisions of the above-cited Acts. Complainants 
generally provide the optional information requested on the form to WHD 
staff over the telephone or in-person. Where the information provided 
does not support a potential WHD enforcement action, complainants are 
advised and referred to the appropriate agency for further assistance. 
When the WHD schedules a complaint-based investigation, the agency 
makes the completed Form WH-3 or its equivalent part of the 
investigation case file. The form is printed in both English and 
Spanish.
    II. Review Focus: The DOL 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 DOL seeks the approval of the extension 
of this information collection in order to ensure complainants have a 
means for providing information to the WHD regarding alleged employer 
violations of the various labor standards provisions the WHD 
administers and to allow the WHD to carry out its enforcement 
responsibilities.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Titles: Employment Information Form.
    OMB Number: 1215-0001.
    Agency Numbers: Form WH-3 (English and Spanish).
    Affected Public: Individuals or Households.
    Respondents: 35,000.
    Total Annual Responses: 35,000.
    Estimated Total Burden Hours: 11,667.
    Estimated Time per Response: 20 minutes.
    Frequency: On Occasion.
    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 24, 2009.
Michel Smyth,
Regulatory Analysis Branch Chief.
[FR Doc. E9-28781 Filed 12-1-09; 8:45 am]
BILLING CODE 4510-27-P