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
Form WH-5 Written Agreements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions Form and Instruction	Modified
empsitApr 2023.pdf Supplementary Document	2023-07-02
Supporting Statement 1235-0018 v1.4.docx Supporting Statement A	2023-09-08

IC Document Collections

IC ID	Document Title	Status
207305	Minimum Age Standards - Parental Consent	Unchanged
192422	Application for Authorized Basic Rate	Unchanged
192421	Records When Claiming Partial Overtime Exemption for Remedial Education	Modified
192420	Requirements of a Bona Fide Thrift or Savings Plan and a Bona Fide Profit-Sharing Plan or Trust	Modified
192419	Recording Schools With WECEP Students	Modified
192418	WECEP Written Training Agreement	Modified
192417	Work Experience and Career Exploration Program (WECEP) Application	Modified
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)	Modified
178590	Written Agreements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions Form and Instruction	Modified
178589	Written Agrrements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions	Modified
178588	Records on State/Local Government Employees Receiving Compensatory Time	Modified
178587	Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages	Modified
178586	Records on Messengers and Student Learners Paid Sub-Minimum Wages	Modified
178585	Records on Full-Time Students Paid Sub-Minimum Wages	Modified
178584	Records on Certain Agricultural Employees (Employees)	Modified
178520	Records on Certain Agricultural Employees (Employers)	Modified
178518	Records on Tipped Employees	Modified
178515	Records When Paying Overtime on an "Applicable " or "Authorized Basic" Rate	Modified
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: 202306-1235-002
Status: Received in OIRA	Previous ICR Reference No: 202111-1235-001
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	Date Submitted to OIRA: 09/08/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	11/30/2024
Responses	41,160,407	47,118,160
Time Burden (Hours)	1,105,833	3,626,426
Cost Burden (Dollars)	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 203(l) 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
   US Code: 29 USC 207(e)(8) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 213(c) Name of Law: Fair Labor Standards Act
   EO: EO 13658 Name/Subject of EO: Establishing a Minimum Wage for Contractors
   EO: EO 13706 Name/Subject of EO: Establishing Paid Sick Leave for Federal Contractors
   US Code: 29 USC 207(e)(3) Name of Law: Fair Labor Standards Act
   EO: EO 14026 Name/Subject of EO: Increasing the Minimum Wage for Federal Contractors
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1235-AA39	Proposed rulemaking	88 FR 62152	09/08/2023

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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: 23

IC Title	Form No.	Form Name
Application for Authorized Basic Rate
Application for Federal Certificate of Age	WH-14	Application for Federal Certificate of Age
General FLSA Records (Private Sector)
General FLSA Records (Public Sector)
Minimum Age Standards - Parental Consent
Petitions for Review and Reconsideration
Recording Schools With WECEP Students
Records When Claiming Partial Overtime Exemption for Remedial Education
Records When Paying Overtime on an "Applicable " or "Authorized Basic" Rate
Records for Overtime Payments Based on Trip Rate Plans
Records on Certain Agricultural Employees (Employees)
Records on Certain Agricultural Employees (Employers)
Records on Full-Time Students Paid Sub-Minimum Wages
Records on Messengers and Student Learners Paid Sub-Minimum Wages
Records on State/Local Government Employees Receiving Compensatory Time
Records on Tipped Employees
Records on Workers with Disabilities and Patient Workers Paid Sub-Minimum Wages
Requirements of a Bona Fide Thrift or Savings Plan and a Bona Fide Profit-Sharing Plan or Trust
WECEP Written Training Agreement
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
Written Agreements to Claim the Agricultural Student Learner Exemption to Youth Employment Resrtictions	WH-5	Certificate of Training
Written Agrrements to Claim the Non-Agricultural Student Learner Exemption to Youth Employment Resrtictions

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ICR Summary of Burden

	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	41,160,407	47,118,160	0	0	-5,957,753	0
Annual Time Burden (Hours)	1,105,833	3,626,426	0	0	-2,520,593	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: The number of employers and number of employees subject to the FLSA has changed since the last filing. The NPRM would increase the number of workers for which employers must maintain records.

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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.     Yes

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: 09/08/2023

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