[Federal Register Volume 91, Number 142 (Monday, July 27, 2026)]
[Notices]
[Pages 46970-46971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-15142]
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DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections: Employee Polygraph Protection Act
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice.
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SUMMARY: The Department of Labor (Department) is soliciting comments
concerning a proposed extension of the information collection request
(ICR) titled, ``Employee Polygraph Protection 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. The Department proposes to extend its information collection
without change to existing requirements. 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 September 25, 2026.
ADDRESSES: You may submit comments identified by Control Number 1235-
0005 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.
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: Daniel Navarrete, 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). Alternative formats are available upon request by calling
1-866-487-9243. If you are deaf, hard of hearing, or have a speech
disability, please dial 7-1-1 to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
I. Background
The Wage and Hour Division (WHD) of the Department of Labor (DOL)
administers the Employee Polygraph Protection Act of 1988 (EPPA), 29
U.S.C. 2001 et seq. The EPPA prohibits most private employers from
using any lie detector tests either for pre-employment screening or
during employment. The Act contains an exemption applicable to federal,
state, and local government employers. The EPPA also contains several
limited exemptions authorizing polygraph tests under certain
conditions, including testing (1) by the federal government of experts,
consultants, or employees of Federal contractors engaged in national
security intelligence or counterintelligence functions; (2) of
employees the employer reasonably suspects of involvement in a
workplace incident resulting in economic loss or injury to the
employer's business; (3) of some prospective employees of private
armored cars, security alarm and security guard firms; and (4) of some
current and prospective employees of certain firms authorized to
manufacture, distribute, or dispense controlled substances. WHD may
assess civil money penalties against employers who violate any EPPA
provision. This amount increases annually due to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
[[Page 46971]]
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; or
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 approval for the extension of this
information collection that requires employers to make, maintain, and
preserve records in accordance with statutory and regulatory
requirements.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Employee Polygraph Protection Act.
OMB Control Number: 1235-0005.
Affected Public: Businesses or other for-profits, not-for-profit
institutions.
Total Respondents: 164,000.
Total Annual Responses: 757,400.
Estimated Total Burden Hours: 68,779.
Estimated Time per Response: 30-45 minutes.
Frequency: On occasion.
Total Burden Cost (Respondents): $3,614,475.
Total Burden Costs (Operation/Maintenance): $0.
Dated: July 21, 2026.
Daniel Navarrete,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2026-15142 Filed 7-24-26; 8:45 am]
BILLING CODE 4510-27-P