Supporting Statement

Request for Approval under the “Department of Labor Generic Clearance for Outreach Activities”

(OMB Control Number: 1225-0059)

TITLE OF INFORMATION COLLECTION: WHD Contact Us - web form

PURPOSE:

The Department of Labor’s (Department) Wage and Hour Division WHD (WHD) is authorized to administer and enforce a variety of laws that establish the minimum standards for wages and working conditions in the United States. Collectively, these labor standards cover most private, state, and local government employment. These labor laws range from some of the earliest labor protections passed by Congress to some of the most recent. Although they differ in scope, all of the statutes enforced by WHD are intended to protect and to promote the welfare of the nation’s workforce; to provide opportunities for advancement; to ensure fair compensation for work performed; and to level the playing field for responsible employers. The Fair Labor Standards Act (FLSA) minimum wage provisions and the government contract prevailing wage laws provide a floor for the payment of fair wages, while the FLSA overtime provisions are intended to broaden work opportunities and promote employment. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) and the immigration programs establish working conditions intended to protect the wages and the safety and health of vulnerable workers; to ensure that the local labor force is not displaced by lower paid foreign or migrant labor; and ensure employers that obey the law are not disadvantaged. The McNamara-O’Hara Service Contract Act (SCA) requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Davis-Bacon and Related Acts (DBRA) require payment of prevailing wages on federal funded or assisted construction projects. The Family and Medical Leave Act (FMLA) was enacted to help workers balance family and work responsibilities and help keep middle class families in the middle class by providing job protection, and the child labor provisions of the FLSA ensure the safe employment of young workers; encourage their educational endeavors; and provide a path to future employment. The Department also administers portions of the Consumer Credit Protection Act, various Executive Orders such as EO 13658, EO 14026, and EO 14055.

Public Law / Act	Legislation	Statute No. / US Code
PUB. L. 75-718	Fair Labor Standards Act of 1938, as amended.	29 U.S.C. 201-219
PUB. L. 74-846	Walsh-Healey Public Contracts Act, as amended (1936).	41 U.S.C. 6501-6511
PUB. L. 90-321	Consumer Credit Protection Act (Title III – Restriction on Garnishment) (1968).	15 U.S.C. 1671-1677
PUB. L. 87-581	Contract Work Hours and Safety Standards Act, as amended (1962).	40 U.S.C. 3701-3708
PUB. L. 89-286	McNamara-O’Hara Service Contract Act, as amended (1965).	41 U.S.C. 6701-6707
PUB. L. 71-798	Davis-Bacon Act, as amended and related acts (1931).	40 U.S.C. 3141-3148
PUB. L. 97-470	Migrant and Seasonal Agricultural Worker Protection Act (1983)	29 U.S.C. 1801-1872
PUB. L. 99-603 PUB. L. 101-649	Immigration and Nationality Act, as amended by the Immigration Reform and Control Act (1986)	8 U.S.C. 1101(a)(15)(E), (H), 1184(c), 1324b; 29 U.S.C. 1802, 1813(a)
PUB. L. 100-347	Employee Polygraph Protection Act (1988).	29 U.S.C. 2001-2009
PUB. L. 103-3	Family and Medical Leave Act of 1993.	29 U.S.C. 2601-2654
PUB. L. 105-277	American Competitiveness and Workforce Improvement Act (ACWIA), Title IV of the Omnibus Consolidated and Emergency Supplemental Appropriation Act (1998).	Pub. L. 105, Title IV, Sec. 414(b) and (c)
PUB. L. 108-447	L-1 Visa and H-1B Visa Reform Act, Title IV of the Consolidated Appropriations Act (2005).	Pub. L. 108-447, Title IV, Sec. 401-430
PUB. L. 89-209, 94-462, and 99-164	National Foundation for the Arts and Humanities Act, as amended, Sections 5(j), 5(k), 7(g), and 7(j) (1965).	20 U.S.C. 954 (m), (n) and 956 (g), (j)

The Department will use a Contact Us web form specific to WHD for members of the public to contact WHD with issues and/or questions. The Department seeks approval of a web data capture that includes email, telephone, ZIP Code, workplace ZIP Code, customer type, subject and a box for a member of the public to insert a question. This collection differs from the Department’s Contact Us form in that the subject areas a respondent may select are limited to issues arising under the laws that WHD is authorized to administer and enforce. Additionally, unlike the Department’s Contact Us form which is received by a call center and then routed to WHD, this form is directly received by WHD. The collection allows the WHD to respond to web inquiries made by the public in providing effective customer service. The collection of email and telephone allows the Department to contact the member of the public. Collection of ZIP Code allows referral to the correct WHD district office. Workplace ZIP Code and subject allows the Department to refer to the correct staff based on inquiry.

DESCRIPTION OF RESPONDENTS:

Members of the public may call or complete a web form to contact the WHD.

TYPE OF COLLECTION: (Check one)

[ ] Customer Comment Card/Complaint Form [ ] Customer Satisfaction Survey

[ ] Usability Testing (e.g., Website or Software) [ ] Small Discussion Group

[ ] Focus Group [X ] Other: ___Contact US Web form____

CERTIFICATION:

I certify the following to be true:

1. The collection is voluntary.

2. The collection is low-burden for respondents and low-cost for the Federal Government.

3. The collection is non-controversial and does not raise issues of concern to other federal agencies.

4. The results are not intended to be disseminated to the public.

5. Information gathered will not be used for the purpose of substantially informing influential policy decisions.

6. The collection is targeted to the solicitation of opinions from respondents who have experience with the program or may have experience with the program in the future.

Name:____Daniel Navarrete______________________

To assist review, please provide answers to the following question:

Personally Identifiable Information:

1. Is personally identifiable information (PII) collected? [X ] Yes [ ] No

2. If Yes, is the information that will be collected included in records that are subject to the Privacy Act of 1974? [ X ] Yes [ ] No

3. If Applicable, has a System or Records Notice been published? [X ] Yes [ ] No

Gifts or Payments:

Is an incentive (e.g., money or reimbursement of expenses, token of appreciation) provided to participants? [ ] Yes [X ] No

BURDEN HOURS

Category of Respondent	No. of Respondents	Participation Time	Burden
	106,793	10 min	17,799
Totals	106,793		17,799

Using data from the WHD data team, the Department anticipates it will receive 106,793 WHD Contact Us form submissions. The Department approximates that it takes 10 minutes to complete and submit the WHD Contact Us form.

106,793 × 10 minutes each = 1,067,930 minutes

1,067,930 minutes ÷ 60 minutes per hour = 17,798.83 burden hours (17,799 rounded) is

FEDERAL COST: The estimated annual cost to the Federal government is ____0________

If you are conducting a focus group, survey, or plan to employ statistical methods, please provide answers to the following questions:

The selection of your targeted respondents

1. Do you have a customer list or something similar that defines the universe of potential respondents and do you have a sampling plan for selecting from this universe? [ ] Yes [ ] No

If the answer is yes, please provide a description of both below (or attach the sampling plan)? If the answer is no, please provide a description of how you plan to identify your potential group of respondents and how you will select them?

Administration of the Instrument

1. How will you collect the information? (Check all that apply)

[ ] Web-based or other forms of Social Media

[ ] Telephone

[ ] In-person

[ ] Mail

[ ] Other, Explain

2. Will interviewers or facilitators be used? [ ] Yes [ ] No

Please make sure that all instruments, instructions, and scripts are submitted with the request.

Instructions for completing Request for Approval under the “Generic Clearance for Outreach Activities”

TITLE OF INFORMATION COLLECTION: Provide the name of the collection that is the subject of the request. (e.g. Comment card for soliciting feedback on XXXXX)

PURPOSE: Provide a brief description of the purpose of this collection and how it will be used. If this is part of a larger study or effort, please include this in your explanation.

DESCRIPTION OF RESPONDENTS: Provide a brief description of the targeted group or groups for this collection of information. These groups must have experience with the program.

TYPE OF COLLECTION: Check one box. If you are requesting approval of other instruments under the generic, you must complete a form for each instrument.

CERTIFICATION: Please read the certification carefully. If you incorrectly certify, the collection will be returned as improperly submitted or it will be disapproved.

Personally Identifiable Information: Provide answers to the questions.

Gifts or Payments: If you answer yes to the question, please describe the incentive and provide a justification for the amount.

BURDEN HOURS:

Category of Respondents: Identify who you expect the respondents to be in terms of the following categories: (1) Individuals or Households;(2) Private Sector; (3) State, local, or tribal governments; or (4) Federal Government. Only one type of respondent can be selected.

No. of Respondents: Provide an estimate of the Number of respondents.

Participation Time: Provide an estimate of the amount of time required for a respondent to participate (e.g. fill out a survey or participate in a focus group)

Burden: Provide the Annual burden hours: Multiply the Number of responses and the participation time and divide by 60.

FEDERAL COST: Provide an estimate of the annual cost to the Federal government.

If you are conducting a focus group, survey, or plan to employ statistical methods, please provide answers to the following questions:

The selection of your targeted respondents. Please provide a description of how you plan to identify your potential group of respondents and how you will select them. If the answer is yes, to the first question, you may provide the sampling plan in an attachment.

Administration of the Instrument: Identify how the information will be collected. More than one box may be checked. Indicate whether there will be interviewers (e.g. for surveys) or facilitators (e.g., for focus groups) used.

Please make sure that all instruments, instructions, and scripts are submitted with the request.

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