[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Notices]
[Pages 16395-16396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06331]


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DEPARTMENT OF LABOR

Wage and Hour Division


Notice of Approved Agency Information Collection; Information 
Collection: Records To Be Kept by Employers--Fair Labor Standards Act

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act (PRA), the Wage 
and Hour Division (WHD) is providing notice to the public that the WHD 
sponsored information collection request (ICR) titled, ``Records to be 
kept by Employers--Fair Labor Standards Act,'' has been approved by the 
Office of Management and Budget (OMB). WHD is notifying the public that 
the revision to this ICR is effective immediately and approved through 
November 30, 2022.

DATES: OMB approval of the revision of this ICR is effective 
immediately with an expiration date of November 30, 2022.

FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of 
Regulations, Legislation, and Interpretations, 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), or send an email to [email protected]. 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/TDD callers may dial toll-free (877) 889-
5627 to obtain information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION: The Department of Labor published the final 
rule, Tip Regulations under the Fair Labor Standards Act, on December 
30, 2020 (85 FR 86756). The final rule explains the impact of the 
Consolidated Appropriations Act, 2018 (CAA) amendments to sections 
3(m), 16(b), 16(c), and 16(e) of the FLSA. The amendments, among other 
things, prohibit employers from keeping employee tips. The Department 
submitted the ICR to OMB at the time of publication of the final rule. 
The ICR was previously submitted with the notice of proposed rulemaking 
under a duplicate control number 1235-0030, and OMB asked that the 
Department resubmit with the final rule after reviewing any comments. 
Because two separate actions implicating the ICR 1235-0018 were 
occurring in close proximity to one another, and OMB can

[[Page 16396]]

only have one ICR under the same control number open at a time, the 
Department was encumbered by the need to submit the same package for 
two separate actions. The addition of 1235-0030 provided a temporary 
solution for OMB to act on the same collection at the same time. The 
ICR under control number 1235-0018 was unencumbered at the time of the 
final rule so the Department submitted the revision to add the burdens 
from the Tip Regulations final rule.
    On February 24, 2021, OMB issued a Notice of Action approving the 
revision of this ICR under OMB Control Number 1235-0018. Section (k) of 
5 CFR 1320.11, ``Clearance of Collections of Information in Proposed 
Rules'' states, ``[a]fter receipt of notification of OMB's approval, 
instruction to make a substantive or material change to, disapproval of 
a collection of information, or failure to act, the agency shall 
publish a notice in the Federal Register to inform the public of OMB's 
decision.'' This notice fulfills the Department's obligation to notify 
the public of OMB's approval of ICR.

    Dated: March 15, 2021.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2021-06331 Filed 3-26-21; 8:45 am]
BILLING CODE 4510-27-P