Proposed Collection; Comment Request [12/16/2002]
Volume 67, Number 241, Page 77081
[[Page 77081]]
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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 collection The Remedial Education
Provisions of the Fair Labor Standards Act. 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
addressee section below on or before February 14, 2003.
ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0339, fax (202) 693-1451, e-mail pforkel@fenix2.dol-esa.gov.
Please use only one method of transmission for comments (mail, fax, or
e-mail).
SUPPLEMENTARY INFORMATION:
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 level, 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. 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. This information collection is currently approved for use
through June 30, 2003.
II. Review Focus
The Department of Labor is particularly interested in comments
which:
[sbull] 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;
[sbull] 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;
[sbull] Enhance the quality, utility and clarity of the information
to be collected; and
[sbull] 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 seeks the extension of approval to collect this
information in order to review and determine employer compliance with
the applicable section of the FLSA.
This information collection is for recordkeeping only. There is no
change in the information collection request since the last OMB
approval.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: The Remedial Education Provisions of the Fair Labor
Standards Act.
OMB Number: 1215-0175.
Affected Public: Business or other for-profit; Not-for-profit
institutions; State, Local or Tribal Government.
Total Recordkeepers: 15,000.
Frequency: Once per week for 10 weeks.
Average Time per Record: 1 minute per week for 10 weeks (10 min.
per employee).
Total Burden Hours: 15,000.
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: December 10, 2002.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Offie of Management, Administration and Planning,
Employment Standards Administration.
[FR Doc. 02-31524 Filed 12-13-02; 8:45 am]
BILLING CODE 4510-27-P
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