Waivers of Rights and Claims Under the ADEA; Informational Requirements

Forms and Documents

Document Name	Status
Published ADEA 30 day Notice (7.13.20).pdf Supplementary Document	2020-07-13
2020 Supporting Statement for PRA ADEA Waiver.docx Supporting Statement A	2020-07-07

IC Document Collections

IC ID	Document Title	Status
29381	Waivers of Rights and Claims Under the ADEA; Informational Requirements	Modified

ICR Details

OMB Control No: 3046-0042	ICR Reference No: 202007-3046-001
Status: Active	Previous ICR Reference No: 202003-3046-001
Agency/Subagency: EEOC	Agency Tracking No:
Title: Waivers of Rights and Claims Under the ADEA; Informational Requirements
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/30/2020
	Date Received in OIRA: 07/13/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	09/30/2020
Responses	2,425	0	127
Time Burden (Hours)	39,261	0	2,090
Cost Burden (Dollars)	0	0	0

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Abstract: In order to allow an employee to make an informed decision, the ADEA requires that if an employer requests a waiver in association with a group termination program, the employer must disclose certain information to the employee in writing.

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Authorizing Statute(s): US Code: 29 USC 626(f)(1) Name of Law: Age Discrimination in Em[ployment 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:
	85 FR 26687	05/05/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 41974	07/13/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Waivers of Rights and Claims Under the ADEA; Informational Requirements

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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	2,425	127	0	0	2,298	0
Annual Time Burden (Hours)	39,261	2,090	0	0	37,171	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: For the current 2020 ICR submission, the EEOC will rely again on the 2016 estimate of burden hours per respondent. Due to concerns about data quality given the COVID-19 pandemic, and in accordance with OMB guidance memo M-20-16, EEOC does not intend to conduct a new limited survey to re-estimate burden hours at this time. The burden hours for the creation of the ADEA waiver are estimated to be 8.25 per employer and the burden hours for the distribution are estimated to be 7.94 per employer, for a total of 16.19 hours. EEOC did not receive any comments questioning the estimated completion time in response to the 60 Day Notice. The number of respondents is estimated to be 2,425, which is the total number of unique US firms reporting a layoff in 2019 as derived from the monthly Challenger Job Cut Report. This number of respondents is different than the number of respondents used in 2016, creating a change in the burden figures (though the estimate of burden hours per employer remains the same).

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 07/13/2020

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