Proposed Collection; Comment Request
[07/20/2007]
Volume 72, Number 139, Page 39850-39851
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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 (DOL), 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: Applications to Employ
Special Industrial Homeworkers and Workers with Disabilities (Forms WH-
2, WH-226 and WH-226A). 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 September 18, 2007.
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
[[Page 39851]]
bell.hazel@dol.gov. Please use only one method of transmission for
comments (mail, fax, or e-mail).
SUPPLEMENTARY INFORMATION:
I. Background
Fair Labor Standards Act (FLSA) section 11(d), 29 U.S.C. 211(d),
authorizes the Secretary of Labor to regulate, restrict or prohibit
industrial homework as necessary to prevent circumvention or evasion of
the minimum wage requirement of the Act. The Department of Labor (DOL)
restricts homework in seven industries (i.e., knitted outerwear,
women's apparel, jewelry manufacturing, gloves and mittens, button and
buckle manufacturing, handkerchief manufacturing and embroideries) to
those employers who obtain certificates.
To prevent curtailment of employment opportunities for workers with
disabilities, FLSA section 14(c), 29 U.S.C. 214(c), authorizes
employers who obtain a certificate from DOL to pay special minimum
wages (i.e., wages less than the Federal minimum wage) to workers whose
productivity is impaired by their disability. The FLSA defines a
``worker with a disability'' as an individual whose earning or
productive capacity is impaired by age or physical or mental
disability.
Employers use Form WH-2 to obtain certificates to employ individual
homeworkers in one of the restricted homework industries. Upon
application by the homeworker and the employer, DOL may issue a
certificate to the employer authorizing employment of an individual
homeworker, provided (1) it is shown that the worker is unable to
adjust to factory work because of age or physical or mental disability
or is unable to leave home because the worker's presence is required to
care for an invalid in the home, and (2) the worker has been engaged in
industrial homework in the particular industry prior to certain
specified dates as set forth in the regulations (may be waived if
causes unusual hardship) or is engaged in industrial homework under the
supervision of a State Vocational Rehabilitation Agency.
Employers use Form WH-226 and the supplemental data Form WH-226A
when obtaining authorization to employ workers with disabilities in
competitive employment in work centers and in hospitals or institutions
at subminimum wages that are commensurate with those paid to workers
with no disabilities. Commensurate wages are based on the prevailing
wages paid to experienced workers with disabilities performing
essentially the same type, quality, and quantity of work in the same
locality where the employee(s) with disability is employed. This form
may be used by school officials to request authorization for groups of
students with disabilities to participate in school work experience
programs, by State vocational rehabilitation counselors, and by
Veterans Affairs' officials to grant or extend temporary authorization
to employ on-the-job trainees with disabilities.
This information collection is currently approved for use through
December 31, 2007.
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
DOL seeks approval for the extension of this information collection
in order to ensure effective administration of agency programs
regarding the employment of homeworkers in restricted industries and
payment of subminimum wages to workers with disabilities.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Applications to Employ Special Industrial Homeworkers and
Workers with Disabilities.
OMB Number: 1215-0005.
Agency Number: WH-2, WH-226, WH-226A.
Affected Public: Business or other for-profit.
Total Respondents: 3,050.
Total Responses: 12,050.
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Time per
Form Number of Number of response (in Burden hours
respondents responses minutes)
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WH-2............................................ 50 50 30 25
WH-226.......................................... 3,000 3,000 45 2,250
WH-226A......................................... 3,000 9,000 45 6,750
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Frequency: Annually.
Estimated Total Burden Hours: 9,025.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $1,342.
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: July 16, 2007.
Hazel 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. E7-14041 Filed 7-19-07; 8:45 am]
BILLING CODE 4510-27-P
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