[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]               
[Page 57152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc08-115]                         

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DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Extension of the Approval of Information Collection 
Requirements

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment Standards Administration is soliciting 
comments concerning the proposal to extend OMB approval of the 
information collection: Partial Overtime Exemption for Remedial 
Education (29 U.S.C. 207(q) and 29 CFR 516.34). A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the addresses section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before December 1, 2008.

ADDRESSES: Ms. Hazel M. Bell, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0418, fax (202) 693-1451, E-mail bell.hazel@dol.gov. Please 
use only one method of transmission for comments (mail, fax, or e-
mail).

SUPPLEMENTARY INFORMATION:
    I. Background: The Fair Labor Standards Act (FLSA), 29 U.S.C. 201, 
et seq. , sets the federal minimum wage, overtime pay, recordkeeping, 
and youth employment standards of most general application. See 29 
U.S.C. 206, 207, 211, and 212. FLSA requirements apply to employers and 
employees engaged in interstate commerce or in the production of goods 
for interstate commerce and of employees in certain enterprises, 
including employees of a public agency; the FLSA contains exemptions 
that apply to employees in certain types of employment. See 29 U.S.C. 
213, et al.
    The FLSA generally requires employers to pay overtime hours worked 
by covered employees at time and one-half the employee's regular rate 
of pay. See 29 U.S.C. 207(a)(1); 29 CFR 778. FLSA section 7(q) provides 
a partial overtime exemption that allows an employer to employ any 
employee who lacks a high school diploma or whose reading level or 
basic skills is at, or below, the eighth grade level for up to ten 
overtime hours per week without paying the usually required half-time 
premium, if the employee is receiving remedial education during such 
overtime hours. 29 U.S.C. 207(q); See also 29 CFR 778.603. The 
employer-provided remedial education must be designed to provide up to 
eighth grade level basic skills or to fulfill the requirements for a 
high school diploma or General Educational Development (GED) 
certificate and may not include job-specific training. 29 U.S.C. 
207(q); 29 CFR 778.603. The employer must also compensate for time 
spent in such remedial education at no less than the employee's regular 
rate of pay. 29 U.S.C. 207(a), (q); 29 CFR 778.603. Regulations, 29 CFR 
516, Records to be Kept by Employers, contains the basic recordkeeping 
requirements for employers of employees subject to FLSA protections. In 
addition to the basic recordkeeping requirements, employers using this 
partial overtime exemption must indicate the hours an employee engages 
in exempt remedial education each workday and total hours each work 
week. 29 CFR 516.34, 778.603. The employer may either state the hours 
separately or make a notation on the payroll. 29 CFR 516.34, and 
778.603. The subject information collection relates only to the section 
516.34 requirements. This information collection is currently approved 
for use through April 30, 2009.
    II. Review Focus: The Department of Labor is particularly 
interested in comments which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.
    III. Current Actions: The DOL seeks approval for the extension of 
this currently approved information collection in order to carry out 
its responsibility to review and determine employer compliance with the 
applicable section of the FLSA. These recordkeeping requirements for 
employers utilizing the partial overtime exemption for remedial 
education are necessary to ensure employees are paid in compliance with 
the FLSA.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Partial Overtime Exemption for Remedial Education.
    OMB Number: 1215-0175.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions.
    Type of Response: Recordkeeping.
    Total Respondents: 15,000.
    Total Annual Responses: 30,000.
    Estimated Total Burden Hours: 5,000.
    Estimated Time per Response: 1 minute per week for 10 weeks (10 
minutes per year).
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: September 25, 2008.
Hazel M. Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
 [FR Doc. E8-22935 Filed 9-30-08; 8:45 am]

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