Fair Labor Standards Act Special Employment Provisions

ICR 202103-1235-002

OMB: 1235-0001

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Unchanged
Form and Instruction
Modified
Form and Instruction
Modified
Supplementary Document
2021-05-21
Supplementary Document
2021-03-17
Supporting Statement A
2021-06-28
ICR Details
1235-0001 202103-1235-002
Received in OIRA 202006-1235-001
DOL/WHD
Fair Labor Standards Act Special Employment Provisions
Extension without change of a currently approved collection   No
Regular 07/13/2021
  Requested Previously Approved
36 Months From Approved 09/30/2021
1,339,967 1,345,357
684,595 693,807
1,085 2,482

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. For this revision request specifically, the Department proposes to revise forms WH-226 (Application for Authority to Employ Workers with Disabilities at Special Minimum Wages) and WH-226A (Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Special Minimum Wages). The proposed change is to provide an electronic form for the public’s use when completing the WH-226 and/or WH-226A forms. An online platform has been created so the WH-226 and WH-226A forms may be submitted electronically. The substance of the proposed electronic forms is substantially the same with minor word changes to accommodate the type of submission (electronic versus paper).

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
   US Code: 29 USC 214(a) Name of Law: Fair Labor Standards Act
  
None

Not associated with rulemaking

  86 FR 14648 03/17/2021
86 FR 36775 07/13/2021
No

7
IC Title Form No. Form Name
Application for Special Industrial Homeworker's Certificate WH-2 Application for Special Industrial Homeworker's Certificate
Application to Employ Homeworkers WH-46 Application for Certificate to Employ Homeworkers
Employment Under Special Certificates Students Learners WH-200, WH-201, WH-202 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
Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners) WH-205, WH-209 Application for Authorization to Employ A Student-Learner at Subminimum Wages ,   Application for a Certificate to Employ Messengers/Learners at Subminimum Wages
Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages WH-226 and WH-226A electronic, WH-226, WH-226A Application for Authority to Employ Workers with Disabilities at Subminimum Wages ,   Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Subminimum Wages ,   Section 14(c) certificate application electronic
Homeworker Handbook WH-75, WH-75sp Homeworker Handbook ,   Manual Para Empleado(a) Casero(a)
Piece Rate Measurements

  Total Request 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 1,339,967 1,345,357 0 0 -5,390 0
Annual Time Burden (Hours) 684,595 693,807 0 0 -9,212 0
Annual Cost Burden (Dollars) 1,085 2,482 0 0 -1,397 0
No
No
A decline in applications has resulted in a decline in burden

$64,987
No
    Yes
    No
No
No
No
No
robert waterman 202 693-0805 [email protected]

  No

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.
07/13/2021


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