Proposed Collection; Comment Request [Notices] [01/20/2000]
Proposed Collection; Comment Request [01/20/2000]
Volume 65, Number 13, Page 3254-3255
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DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
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 proposed extension collection of the following:
(1) Request for Earnings Information (LS-426); and (2) Recordkeeping
Requirements of Regulations 29 CFR 516.34, to Implement the Remedial
Education Provisions of the Fair Labor Standards Act (FLSA). Copies of
the proposed information collection requests can be obtained by
contacting the office listed below in the addressee section of this
Notice.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below within 60 days of the date of this Notice.
ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200
Constitution Ave., N.W., Room S-3201, Washington, DC 20210, telephone
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.
SUPPLEMENTARY INFORMATION:
Request for Earnings Information, LS-426
I. Background
The Office of Workers' Compensation Programs (OWCP) administers the
Longshore and Harbor Workers' Compensation Act, and its extensions.
These Acts provide compensation benefits to injured workers. Pursuant
to Section 8 of the Act, injured employees shall receive compensation
in an amount equal to 66\2/3\ per centum of their average weekly wage.
Form LS-426 is used to determine if the correct compensation rate is
being paid.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
<bullet> 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;
<bullet> 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;
<SUP></SUP> Enhance the quality, utility and clarity of the
information to be collected; and
<SUP></SUP> 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 Department of Labor seeks the extension of approval to collect
this information in order to carry out its responsibility to assure
that injured workers are paid at the proper compensation rate.
Type of Review: Extension
Agency: Employment Standards Administration
Title: Request for Earnings Information
OMB Number: 1215-0112
Agency Number: LS-426
Affected Public: Individuals or households
Total Respondents: 1,700
Frequency: On occasion
Total Responses: 1,700
Average Time per Response: 15 minutes
Estimated Total Burden Hours: 425
Total Burden Cost (capital/startup): $0
Total Burden (operational/maintenance): $0
Remedial Education Provisions of the Fair Labor Standards Act
I. Background
Under the Fair Labor Standards Act (FLSA), employees who lack a
high school diploma or whose reading level or basic skills are at or
below the eighth grade, may be required by their employers to attend up
to 10 hours per week of remedial education. Employees who are subject
to the overtime provisions of the FLSA ordinarily must be paid one and
one-half times their regular rate of pay for all hours worked over 40
in each workweek. However, the additional hours devoted to such
remedial education would not have to be compensated at the same time
and one-half overtime rate. However, employees must receive
compensation at their regular rate of pay for time spent receiving such
remedial education. Employers wishing to utilize the partial overtime
exemption for such employees must record the hours of employees spent
in remedial education.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
<SUP></SUP> 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;
<SUP></SUP> Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumption used;
<bullet>Enhance the quality, utility and clarity of the information
to be collected; and
<SUP></SUP> 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
Department of Labor seeks the extension of approval to collect this
information in order to review and determine employer compliance with
the applicable section of the FLSA.
Type of Review: Extension
Agency: Employment Standards Administration
Title: Recordkeeping Requirements of Regulations 29 CFR 516.34, the
Regulations to Implement the Remedial Education Provisions of the Fair
Labor Standards Act
OMB Number: 1215-0175
[[Page 3255]]
Affected Public: Business or other for-profit; not for profit
institutions, State, Local or Tribal Government
Total Respondents: 15,000
Total Records: 30,000
Average Time per Response: 10 minutes
Estimated Total Burden Hours: 5,000
Total Burden Cost (capital/startup): $0
Total Burden (operational/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: January 13, 2000.
Margaret J. Sherill,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and
Planning, Employment Standards Administration.
[FR Doc. 00-1391 Filed 1-19-00; 8:45 am]
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