This information collection pertains to the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., special employment provisions. These provisions relate to restrictions on industrial homework and to the use of special certificates that allow for the employment of categories of workers who may be paid less than the general Federal statutory minimum wage to the extent necessary to prevent curtailment of their employment opportunities.
US Code:
29 USC 214(a)
Name of Law: Fair Labor Standards Act
US Code:
29 USC 211(d)
Name of Law: Fair Labor Standards Act
US Code:
29 USC 214(b)
Name of Law: Fair Labor Standards Act
The only significant program changes reported in Items 13 or 14 are related to the forms WH-226 and WH-226A. There are no program changes or significant adjustments affecting public burdens to report on any of the other information collections in this ICR.
The DOL has carefully reviewed the current information collections set forth on Forms WH-226 and WH-226A and determined that significant substantive revisions are necessary for the agency to more effectively and efficiently fulfill its statutory directive to oversee and enforce the section 14(c) certificate program, including the new conditions introduced to section 14(c) certificate holders pursuant to WIOA. As discussed in response to Question 1 above, DOL has also determined that several revisions and additions are necessary to address important legal changes that have directly impacted DOLâs administration and enforcement of the section 14(c) certificate program.
The proposed revisions to Forms WH-226 and WH-226A generally increase the amount of data collected, particularly for renewal applicants. Some revisions, however, streamline and reduce information currently collected. For example, the proposed revisions to the WH-226 include revisions to Items 9-12 on the form, to reduce the number of prevailing wage surveys and time studies collected. By streamlining that collection, DOL is able to significantly reduce the data collection from as many as four prevailing wage surveys and seven time studies, while obtaining information that is more useful for enforcement. The proposed revisions to the WH-226A include collecting additional wage and work history information about each individual worker with a disability who was paid subminimum wages during the employerâs most recently completed fiscal quarter, which will increase the burden for renewal applicants. As discussed above, this data is needed to effectively oversee and enforce the section 14(c) certificate program and to ensure that employers fulfill their statutory obligations under WIOA.
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:
(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;
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.
Form WH-75 Homeworker Handbook
1235-0001 comments and agency response 11-23-16.docx
wh226a.pdf
1235-0001 Supporting Statement (9-3-16).doc
Piece Rate Measurements