[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Notices]
[Pages 8902-8903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04426]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Proposed Extension; 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 extension 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 May 13, 2019.
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 (WHD) 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(a) provides that
the
[[Page 8903]]
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 CFRSec. 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 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 an extension
of this collection.
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 in order to ensure
effective administration of the government contract programs.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: 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: 35,577.
Total Annual Responses: 35,577.
Estimated Total Burden Hours: 11,859.
Estimated Time per Response: 20 minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operation/maintenance): $0.
Dated: February 26, 2019.
Robert M. Waterman,
Division of Regulations, Legislation and Interpretation.
[FR Doc. 2019-04426 Filed 3-11-19; 8:45 am]
BILLING CODE 4510-27-P