Records to be kept by Employers - Fair Labor Standards Act

Forms and Documents

Document Name	Status
Form WH-14 Application for Federal Certificate of Age Form and Instruction	Unchanged
SS1235-0018 (20111218).doc Supporting Statement A	2011-12-19

IC Document Collections

IC ID	Document Title	Status
192422	Application for Authoriazed Basic Rate	Unchanged
192421	Records When Claiming Partial Overtime Exemption for Remedial Education	Unchanged
192420	Requirements of a Bona Fide Thrift or Savings Plan and a Bona Fide Profit-Sharing Plan or Trust	Unchanged
192419	Recording Schools With WECEP Students	Unchanged
192418	WECEP Written Training Agreement	Unchanged
192417	Work Experience and Career Exploration Program (WECEP) Application	Unchanged
192416	Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors in Hand Harvesting of Short Season Crops	Unchanged
192415	Application for Federal Certificate of Age Form and Instruction	Unchanged
192414	General FLSA Records (Public Sector)	Unchanged
178590	Written Agrrements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions	Unchanged
178589	Written Agrrements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions	Unchanged
178588	Records on State/Local Government Employees Receiving Compensatory Time	Unchanged
178587	Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages	Unchanged
178586	Records on Messengers and Student Learners Paid Sub-Minimum Wages	Unchanged
178585	Records on Full-Time Students Paid Sub-Minimum Wages	Unchanged
178584	Records on Certain Agricultural Employees (Employees)	Unchanged
178520	Records on Certain Agricultural Employees (Employers)	Unchanged
178518	Records on Tipped Employees	Unchanged
178515	Records When Paying Overtime on an "Applicable " or "Authorized Basic" Rate	Unchanged
178513	Records for Overtime Payments Based on Trip Rate Plans	Unchanged
178510	Petitions for Review and Reconsideration	Unchanged
13628	General FLSA Records (Private Sector)	Modified

ICR Details

OMB Control No: 1235-0018	ICR Reference No: 201112-1235-002
Status: Historical Inactive	Previous ICR Reference No: 201004-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Records to be kept by Employers - Fair Labor Standards Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 02/29/2012
	Date Received in OIRA: 12/27/2011
Terms of Clearance: The information collection requirements contained in this proposed rule are not approved at this time. DOL will consider comments received on its proposal and resubmit this request at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	10/31/2013
Responses	39,462,547	0	39,462,547
Time Burden (Hours)	853,924	0	853,924
Cost Burden (Dollars)	0	0	0

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Abstract: Employers respond to these information collections to document compliance with the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq.

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Authorizing Statute(s): US Code: 29 USC 213(c) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 203(l) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 207(e)(3) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 207(e)(8) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 207(q) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 211(c) Name of Law: Fair Labor Standards Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA05	Proposed rulemaking	76 FR 81190	12/27/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 22

IC Title	Form No.	Form Name
Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages
Records on State/Local Government Employees Receiving Compensatory Time
Written Agrrements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions
Written Agrrements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions
Records When Paying Overtime on an "Applicable " or "Authorized Basic" Rate
Petitions for Review and Reconsideration
Records for Overtime Payments Based on Trip Rate Plans
Records on Tipped Employees
Records on Certain Agricultural Employees (Employers)
General FLSA Records (Private Sector)
Application for Federal Certificate of Age	WH-14	Application for Federal Certificate of Age
Waiver of Child Labor Provisions for Agricultural Employment of 10 and 11 Year Old Minors in Hand Harvesting of Short Season Crops
Work Experience and Career Exploration Program (WECEP) Application
WECEP Written Training Agreement
Recording Schools With WECEP Students
Requirements of a Bona Fide Thrift or Savings Plan and a Bona Fide Profit-Sharing Plan or Trust
Records When Claiming Partial Overtime Exemption for Remedial Education
Application for Authoriazed Basic Rate
General FLSA Records (Public Sector)
Records on Certain Agricultural Employees (Employees)
Records on Full-Time Students Paid Sub-Minimum Wages
Records on Messengers and Student Learners Paid Sub-Minimum Wages

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department proposes to amend 29 CFR part 552 with respect to the records kept for live-in domestic employees. Under the proposal, employers will be required to keep a record of the actual hours worked. Proposed 552.110(b) will no longer permit an employer to maintain a copy of an agreement as a substitute for keeping records of hours worked by the live-in domestic employee. In addition, the Department's proposed amendments results in fewer employees being exempt from the minimum wage and overtime pay requirements of the Fair Labor Standards Act. As a result, the number of employees for whom an employer must maintain records of hours worked will increase under the proposed rule.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/27/2011

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