[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19300-19301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09301]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Proposed Revision; Information Collections: Employment Information Form

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 revision of the information collection request 
(ICR) titled, ``Employment Information Form.'' 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. 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 July 2, 2018.

ADDRESSES: You may submit comments identified by Control Number 1235-
0021, 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. 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

[[Page 19301]]

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(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)); the 
Immigration and Nationality Act H-2B program (8 U.S.C. 1184(c)(14(B) 
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, self-reporting 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 
part of the investigation case file. The form is printed in both 
English and Spanish.
    The Wage and Hour Division (WHD) uses this information to determine 
whether covered employers have complied with various legal requirements 
of the laws administered by the Wage and Hour Division. The WHD seeks a 
revision to this collection associated with the new pilot self-audit 
program titled: Payroll Audit Independent Determination (PAID). Under 
the PAID program, employers are encouraged to conduct audits and, if 
they discover minimum wage or overtime violations, to self-report and 
correct their mistakes. This ICR is being submitted as a revision for 
approval for the addition of the PAID pilot program.
    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 revision of this information collection in order to ensure 
effective administration of the government contract programs.
    Type of Review: Revision.
    Agency: Wage and Hour Division.
    Title: Information Collections: Employment Information Form.
    OMB Number: 1235-0021.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, Farms, State, Local, or Tribal Government.
    Total Respondents: 35,677.
    Total Annual Responses: 35,677.
    Estimated Total Burden Hours: 12,059.
    Estimated Time per Response: various.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $5.

    Dated: April 26, 2018.
Melissa Smith,
Director, Division of Regulations, Legislation and Interpretation.
[FR Doc. 2018-09301 Filed 5-1-18; 8:45 am]
 BILLING CODE 4510-27-P