[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Notices]
[Pages 68284-68285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30433]


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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: Fair Labor Standards Act 
General Recordkeeping and Employer Information Collections Related to 
Overtime and Youth Employment. 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 22, 2010.

ADDRESSES: You may submit comments, identified by Control Number 1215-
0017, 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 above 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 or to submit them by mail 
early. Comments, including any personal information provided, become a 
matter of public record. They will also be summarized and/or included 
in the request for Office of Management and Budget approval of the 
information collection request.

FOR FURTHER INFORMATION CONTACT: Michel Smyth, Chief, Regulatory 
Analysis Branch, Division of 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: The Fair Labor Standards Act (FLSA), 29 U.S.C. 201, 
et seq., sets the Federal minimum wage, overtime pay, recordkeeping, 
and youth employment standards of most general application. See 29 
U.S.C. 206; 207; 211; 212. FLSA requirements apply to employers of 
employees engaged in interstate commerce or in the production of goods 
for interstate commerce and of employees in certain enterprises, 
including employees of a public agency; however, the FLSA contains 
exemptions that apply to employees in certain types of employment. See 
29 U.S.C. 213, et al.
    FLSA section 11(c) requires all employers covered by the FLSA to 
make, keep, and preserve records of employees and of wages, hours, and 
other conditions and practices of employment. See 29 U.S.C. 211(c). A 
FLSA covered employer must maintain the records for such period of time 
and make such reports as prescribed by regulations issued by the 
Secretary of Labor. Id.
    The DOL has promulgated regulations 29 CFR part 516 to establish 
the basic FLSA recordkeeping requirements. The DOL has also issued 
specific sections of regulations 29 CFR parts 505, 519, 520, 525, 530, 
547, 548, 549, 551, 552, 553, 570, 575, and 794 to supplement the part 
516 requirements and to provide for the creation and maintenance of 
records relating to various FLSA exemptions and special provisions.
    The Wage and Hour Division (WHD) uses this information to determine 
whether covered employers have complied with various FLSA requirements. 
Employers use the records to document FLSA compliance, including 
showing qualification for various FLSA exemptions.
    The WHD intends to seek approval to merge several currently 
approved information collection control numbers related to various FLSA 
recordkeeping requirements into this collection. This merger will allow 
the agency to improve its management of FLSA information collection 
requirements, and this transition will be seamless for respondents. 
While characterized as a revision, because of the proposal to merge 
information collection control numbers, this notice proposes no changes 
to the substantive information collection requirements. The affected 
OMB control numbers are shown at the end of this notice.
    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;

[[Page 68285]]

    * 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 the subject information collection requirements in order to carry 
out the angency's enforcement responsibilities.
    Type of Review: Revision and Extension.
    Agency: Wage and Hour Division.
    Titles: Fair Labor Standards Act General Recordkeeping and Employer 
Information Collections Related to Overtime and Youth Employment.
    OMB Numbers: 1215-0017, 1215-0083, 1215-0119, 1215-0120, 1215-0121, 
1215-0175.
    Agency Numbers: Form WH-14.
    Affected Public: Businesses or other for-profits, farms, not-for-
profit institutions; State, local, and Tribal governments.
    Respondents: 3,486,025.
    Total Annual Responses: 39,462,547.
    Estimated Total Burden Hours: 853,924.
    Estimated Time per Response: 6 minutes.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.

    Dated: December 16, 2009.
Michel Smyth,
Regulatory Analysis Branch Chief.
[FR Doc. E9-30433 Filed 12-22-09; 8:45 am]
BILLING CODE 4510-27-P