[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16299-16300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05909]


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DEPARTMENT OF LABOR

Wage and Hour Division

RIN 1235-0018


Proposed Extension of the Approval of Information Collection 
Requirements

AGENCY: Wage and Hour Division, Department of 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. 3056(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 Office of Management and Budget (OMB) approval 
of the Information Collection: Records to be kept by Employers--Fair 
Labor Standards Act. A copy of the proposed information 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 May 13, 2013.

ADDRESSES: You may submit comments identified by Control Number 1235-
0018, by either one of the following methods: Email: 
[email protected]; Mail, Hand Delivery, Courier: Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, 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 email or to submit them by 
mail early. Comments,

[[Page 16300]]

including any personal information provided, become a matter of public 
record. They will also be summarized and/or included in the request for 
OMB approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Mary Ziegler, Director, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, 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 must 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/TTD callers may 
dial toll-free (877) 889-5627 to obtain information or request 
materials in alternative formats.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Wage and Hour Division of the Department of Labor administers 
the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq.,which 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 seeks approval to renew this information collection related 
to various FLSA recordkeeping requirements.

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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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 an approval for the extension of this 
information collection that requires employers to make, maintain, and 
preserve records in accordance with statutory and regulatory 
requirements.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Records to be kept by Employers--Fair Labor Standards Act.
    OMB Number: 1235-0018.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms.
    Agency Numbers: Form WH-14, Form WH-5.
    Total Respondents: 3,621,240.
    Total Annual Responses: 40,288,195.
    Estimated Total Burden Hours: 874,154.
    Estimated Time per Response: 6 minutes.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Costs (operation/maintenance): $0.

    Dated: March 11, 2013.
Mary Ziegler,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2013-05909 Filed 3-13-13; 8:45 am]
BILLING CODE 4510-27-P