Special Employment Under the Fair Labor Standards Act

Forms and Documents

Document Name	Status
Form WH-75 Homeworker Handbook Form and Instruction	Modified
Form WH-2 Application for Special Industrial Homeworker's Certificate Form and Instruction	Modified
1235-0001 comments and agency response 11-23-16.docx Supplementary Document	2016-11-28
wh226a.pdf Supplementary Document	2016-09-12
wh226.pdf Supplementary Document	2016-09-12
226 and 226a instruction page electronic.docx Supplementary Document	2016-09-02
Changes to WH.docx Supplementary Document	2016-04-05
60-day FR Notice 8-6-15.pdf Supplementary Document	2015-10-01
1235-0001 Supporting Statement (9-3-16).doc Supporting Statement A	2016-09-06

IC Document Collections

IC ID	Document Title	Status
195818	Piece Rate Measurements	Unchanged
195817	Homeworker Handbook Form and Instruction	Modified
195807	Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages Instruction	Modified
195806	Application to Employ Homeworkers Instruction	Modified
195805	Employment Under Special Certificates Students Learners Instruction	Modified
195799	Application for Special Industrial Homeworker's Certificate Form and Instruction	Modified
13920	Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners) Instruction	Modified

ICR Details

OMB Control No: 1235-0001	ICR Reference No: 201510-1235-001
Status: Historical Active	Previous ICR Reference No: 201309-1235-002
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Special Employment Under the 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: Approved with change	Conclusion Date: 12/20/2016
	Date Received in OIRA: 09/09/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	05/31/2017	05/31/2017
Responses	1,345,307	0	1,346,240
Time Burden (Hours)	693,807	0	686,307
Cost Burden (Dollars)	3,489	0	1,640

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Abstract: 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.

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Authorizing Statute(s): 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
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 47004	08/06/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 62537	09/09/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages	WH-226, WH-226A	Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Subminimum Wages ,   Application for Authority to Employ Workers with Disabilities at Subminimum Wages
Application to Employ Homeworkers	WH-46	Application for Certificate to Employ Homeworkers
Homeworker Handbook	WH-75, WH-75sp	Homeworker Handbook ,   Manual Para Empleado(a) Casero(a)
Piece Rate Measurements
Application for Special Industrial Homeworker's Certificate	WH-2	Application for Special Industrial Homeworker's Certificate
Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners)	WH-209, WH-205	Application for a Certificate to Employ Messengers/Learners at Subminimum Wages ,   Application for Authorization to Employ A Student-Learner at Subminimum Wages
Employment Under Special Certificates Students Learners	WH-202, WH-200, WH-201	Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 C.F.R. Part 519 ,   Higher Education to Employ its Full-time Students at Subminimum Wages Under Regulations 29 C.F.R. Part 519 ,   Application for Authority to Employ Six or Fewer Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 C.F.R. Part 519

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,345,307	1,346,240	0	-933	0	0
Annual Time Burden (Hours)	693,807	686,307	0	7,500	0	0
Annual Cost Burden (Dollars)	3,489	1,640	0	1,849	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: 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 DOL’s 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 employer’s 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.

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Annual Cost to Federal Government: $134,123

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: 09/09/2016

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