[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31227-31228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11052]


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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Notice to Employees of Coverage Options Under 
Fair Labor Standards Act Section 18B

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting this Employee 
Benefits Security Administration (EBSA)-sponsored information 
collection request (ICR) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act 
of 1995 (PRA). Public comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before June 22, 2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments are invited on: (1) Whether the collection of information 
is necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility; (2) if the information will be processed and used

[[Page 31228]]

in a timely manner; (3) the accuracy of the agency's estimates of the 
burden and cost of the collection of information, including the 
validity of the methodology and assumptions used; (4) ways to enhance 
the quality, utility and clarity of the information collection; and (5) 
ways to minimize the burden of the collection of information on those 
who are to respond, including the use of automated collection 
techniques or other forms of information technology.

FOR FURTHER INFORMATION CONTACT: Anthony May by telephone at 202-693-
4129 (this is not a toll-free number) or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Section 18B of the Fair Labor Standards Act 
(FLSA), as added by section 1512 of the Affordable Care Act, generally 
provides that, in accordance with regulations promulgated by the 
Secretary of Labor, an applicable employer must provide each employee 
at the time of hiring (or with respect to current employees, not later 
than March 1, 2013), a written notice: (1) Informing the employee of 
the existence of Exchanges including a description of the services 
provided by the Exchanges, and the manner in which the employee may 
contact Exchanges to request assistance; (2) If the employer plan's 
share of the total allowed costs of benefits provided under the plan is 
less than 60 percent of such costs, that the employee may be eligible 
for a premium tax credit under section 36B of the Internal Revenue Code 
(the Code) if the employee purchases a qualified health plan through an 
Exchange; and (3) If the employee purchases a qualified health plan 
through an Exchange, the employee may lose the employer contribution 
(if any) to any health benefits plan offered by the employer and that 
all or a portion of such contribution may be excludable from income for 
Federal income tax purposes. The model notice is being provided by the 
Department to facilitate compliance with FLSA section 18B. The 
Department has received approval from OMB for this ICR under OMB 
Control No. 1210-0149. For additional substantive information about 
this ICR, see the related notice published in the Federal Register on 
October 10, 2019 (84 FR 54642).
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB approves it and displays a currently valid 
OMB Control Number. In addition, notwithstanding any other provisions 
of law, no person shall generally be subject to penalty for failing to 
comply with a collection of information that does not display a valid 
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
    DOL seeks PRA authorization for this information collection for 
three (3) years. OMB authorization for an ICR cannot be for more than 
three (3) years without renewal. The DOL notes that information 
collection requirements submitted to the OMB for existing ICRs receive 
a month-to-month extension while they undergo review.
    Agency: DOL-EBSA.
    Title of Collection: Notice to Employees of Coverage Options Under 
Fair Labor Standards Act Section 18B.
    OMB Control Number: 1210-0149.
    Affected Public: Private Sector: Businesses or other for-profits, 
farms, not-for-profit institutions; state, local, and tribal 
governments.
    Total Estimated Number of Respondents: 147,270,126.
    Total Estimated Number of Responses: 32,068,268.
    Total Estimated Annual Time Burden: 116,421 hours.
    Total Estimated Annual Other Costs Burden: $5,238,964.

    Authority: 44 U.S.C. 3507(a)(1)(D).

     Dated: May 18, 2020.
Anthony May,
Acting Departmental Clearance Officer.
[FR Doc. 2020-11052 Filed 5-21-20; 8:45 am]
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