Proposed Collection; Comment Request
[11/17/2005]
Volume 70, Number 221, Page 69786
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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
ADDRESSES section below on or before January 17, 2006.
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
minimum wage, overtime pay, youth employment and certain recordkeeping
standards. These requirements generally apply to employees engaged in
interstate commerce or in the production of goods for interstate
commerce, as well as to employees in certain enterprises (including
employees of a public agency); however, the Act provides exemptions
from some of its standards for employees in certain types of
employment.
The FLSA generally requires employers to pay overtime hours (i.e.,
time in excess of forty hours in a workweek) worked by employees
covered by the Act at time and one-half the employee's regular rate of
pay. 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. 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. The employer must also compensate for
time spent in such remedial education at no less than the employee's
regular rate of pay. Regulations, 29 CFR Part 516, Records to be Kept
by Employers, contain the basic recordkeeping requirements for
employers of employees subject to FLSA protections. In addition to the
basic recordkeeping requirements, Regulations 29 CFR 516.34 requires
employers using this partial overtime exemption to indicate the hours
an employee engages in exempt remedial education each workday and total
hours each workweek. The employer may either state the hours separately
or make a notation on the payroll. The subject information collection
relates only to the section 516.34 requirements. This information
collection is currently approved for use through July 31, 2006.
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 Department of Labor seeks the approval of the extension of this
information collection in order to review and determine employer
compliance with the applicable section of the Fair Labor Standards Act
(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 remedial education
provisions of the FLSA.
Type of Review: Extension.
Agency: Employment Standards Administration.
Titles: 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.
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: November 10, 2005.
Bruce Bohanon,
Chief, Branch of Management Review and Internal Control, Division of
Financial Management, Office of Management, Administration and Planning
Employment Standards Administration.
[FR Doc. E5-6360 Filed 11-16-05; 8:45 am
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