[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78861-78862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27013]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Pertaining to Special Employment Under the 
Fair Labor Standards Act

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL) is soliciting comments 
concerning a proposed extension and revision of the information 
collection request (ICR) titled, ``Information Collections: Pertaining 
to Special Employment Under the Fair Labor Standards Act.'' This 
comment request is part of continuing Departmental efforts to reduce 
paperwork and respondent burden in accordance with the Paperwork 
Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.
    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. 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 January 9, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0001, 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, 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 (OMB) 
approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Compliance 
Specialist, Division of Regulations, Legislation, and Interpretation, 
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/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. Section 11(d) of the 
FLSA authorizes the Secretary of Labor to regulate, restrict or 
prohibit industrial homework as necessary to prevent circumvention or 
evasion of the minimum wage requirements of the Act. 29 U.S.C. 211(d). 
The Department of Labor (DOL) restricts homework in seven industries 
(i.e., knitted outwear, women's apparel, jewelry manufacturing, gloves 
and mittens, button and buckle manufacturing, and embroideries) to 
those employers who obtain certificates. See 29 CFR 530.1-.2. The DOL 
may also issue individual certificates in any industry for an 
individual homeworker who is unable to leave home because of a 
disability [or must remain at home to care for a person with a 
disability in the home.] See 29 CFR 530.3-.4. The DOL allows employers 
to obtain general (employer) certificates to employ homeworkers in all 
restricted industries, except women's apparel and hazardous jewelry 
manufacturing operations. See 29 CFR 530.101. Consistent with FLSA 
sections 11(d) and 14(c), the DOL's Wage and Hour Division (WHD) 
regulates the employment of industrial homeworkers and workers with 
disabilities covered by special certificates and governs the 
application and approval process for obtaining the certificates. Note 
that the Department proposes to revise this collection to allow for 
electronic submission of the data on the WH-226 and WH-226A. These 
forms are currently only available in paper form.
    The FLSA also requires that the Secretary of Labor, to the extent 
necessary to prevent curtailment of employment opportunities, 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 (29 U.S.C. 214(b)(1); 29 CFR 519.11(a)). The FLSA and the 
regulations set forth the application requirements as well as the terms 
and conditions for the employment of full-time students at subminimum 
wages under certificates and temporary authorization to employ such 
students at subminimum wages. The subminimum wage programs are designed 
to increase employment opportunities for full-time students.

[[Page 78862]]

Regulations issued by the DOL, Office of Apprenticeship no longer 
permit the payment of subminimum wages to apprentices in an approved 
program. 29 CFR 29.5(b)(5). Thus, the DOL has issued no apprentice 
certificates since 1987. However, the WHD must maintain the information 
collection in order for the agency to fulfill its statutory obligation 
under FLSA to maintain this program. This information collection is 
currently approved for use through May, 2017.
    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 and revision of this information collection in order to 
ensure effective administration of the government contract programs.
    Type of Review: Extension and Revision.
    Agency: Wage and Hour Division.
    Title: Information Collections: Pertaining to Special Employment 
Under the Fair Labor Standards Act.
    OMB Number: 1235-0001.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms, State, Local, or Tribal Government.
    Total Respondents: 336,607.
    Total Annual Responses: 1,345,307.
    Estimated Total Burden Hours: 691,315.
    Estimated Time per Response: various.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $3,498.

    Dated: November 3, 2016.
Melissa Smith,
Director, Division of Regulations, Legislation and Interpretation.
[FR Doc. 2016-27013 Filed 11-8-16; 8:45 am]
BILLING CODE 4510-27-P