skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery copyright 2001 PhotoDisc, Inc.
www.dol.gov/esa
November 9, 2008    DOL Home > ESA

ESA Federal Register Notice

Proposed Collection; Comment Request [04/20/2005]

[PDF Version]

Volume 70, Number 75, Page 20600-20601

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Collection; Comment Request

ACTION: Notice.

-----------------------------------------------------------------------

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: Application for Authority 
to Employ Full-Time Students at Subminimum Wages in Retail/Service 
Establishments or Agriculture (WH-200 and WH-202). 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 June 20, 2005.

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., 
sections 14(b)(1) and 14(b)(2) require the Secretary of Labor to 
provide certificates authorizing the employment of full-time students 
at 85 percent of the applicable minimum wage in retail or service 
establishments and in agriculture, to the extent necessary to prevent 
curtailment of opportunities for employment. These provisions set 
limits on such employment as well as prescribe safeguards to protect 
the full-time students so employed and full-time employment 
opportunities of other workers. Sections 519.3, 519.4 and 519.6 of 
Regulations, 29 CFR Part 519, Employment of Full-Time Students at 
Subminimum Wages, set forth the application requirements as well as the 
terms and conditions for the (1) employment of full-time students at 
subminimum wages under certificates and (2) temporary authorization to 
employ such students at subminimum wages. The WH-200 and WH-202 are 
voluntary use forms that are prepared and signed by an authorized 
representative of the employer to employ full-time students at 
subminimum wage. This information is used to determine whether a retail 
or service or agricultural employer should be authorized to pay 
subminimum wages to full-time students pursuant to the provisions of 
section 14(b) of the Fair Labor Standards Act. This information 
collection is currently approved for use through October 31, 2005.

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

[[Page 20601]]

     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 to grant employer requests to employ students at 
subminimum wages.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Application for Authority to Employ Full-Time Students at 
Subminimum Wages in Retail/Service Establishments or Agriculture.
    OMB Number: 1215-0032.
    Agency Numbers: WH-200 and WH-202.
    Affected Public: Business or other for-profit; Farms; Individual or 
households; No-for-profit institutions.
    Total Respondents: 240.
    Total Annual Responses: 240.
    Estimated Total Burden Hours: 43.
    Estimated Time Per Response: 10 to 30 minutes.
    Frequency: Annually.
    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: April 14, 2005.
Sue Blumenthal,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. 05-7891 Filed 4-19-05; 8:45 am]

BILLING CODE 4510-27-P

 



Phone Numbers