ESA Federal Register Notice

Proposed Collection; Comment Request [05/23/1997]

Volume 62, Number 100, Page 28499-28500

[DOCID:fr23my97-124]

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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

[[Page 28500]]

proposed extension collection of Form WH-46, Application For 
Certificate to Employ Homeworkers, and Form WH-75, Homeworker Handbook.
    Copies of the proposed information collection request 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 
addressee section below on or before July 23, 1997. 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;
    <bullet> Enhance the quality, utility and clarity of the 
information to be collected; and
    <bullet> 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.

ADDRESSES: Mr. Rich Elman, U.S. Department of Labor, 200 Constitution 
Ave., NW., Room S-3201, Washington, DC 20210, telephone (202) 219-6375 
(this is not a toll-free number), fax 202-219-6592.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 11(d) of the Fair Labor Standards Act (FLSA), authorizes 
the Secretary of Labor to regulate, restrict, or prohibit industrial 
homework as necessary to prevent evasion of the minimum wage 
requirements of the Act. In order to be permitted to employ homeworkers 
in the restricted industries (knitted outwear, women's apparel, jewelry 
manufacturing, gloves and mittens, button and buckle manufacturing, 
handkerchief manufacturing and embroideries) under the certification 
program, an employer must first apply to the Wage and Hour Division for 
a certificate. The employer's application (WH-46) must contain 
information required by section 530.102 of Regulations, 29 CFR Part 
530, Employment of Homeworkers in Certain Industries, including the 
names and addresses and languages spoken (other than English) by the 
homeworkers. Section 516.31(c) of Regulations, 29 CFR Part 516, Records 
to be kept by Employers, requires that employers obtain from the Wage 
and Hour Division (WHD), a separate homeworker handbook for each 
homeworker employed. The employer must insure that all homeworkers make 
proper entries in the handbook concerning their hours of work.

II. Current Actions

    The Department of Labor (DOL) seeks extension of approval to 
collect this information on: Form WH-46, to provide the WHD a means of 
identifying employers of homeworkers and individual homeworkers in the 
restricted industries who may not be identified otherwise; and, on Form 
WH-75, to ensure that employers fulfill their obligation to obtain and 
record accurate hours worked information whenever homework is 
distributed to and collected from employees. Homeworkers record the 
information as the work is performed. Failure to require an employer to 
collect this information would make it extremely difficult to determine 
whether homeworkers are being paid in compliance with the FLSA.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Application For Certificate to Employ Homeworkers, and 
Homeworker Handbook.
    OMB Number: 1215-0013
    Agency Numbers: WH-46 and WH-75.
    Affected Public: Individuals or households; Business or other for-
profit; Not for-profit institutions.
    Total Respondents: 14,175.
    Frequency: On occasion.
    Total Responses: 56,663.
    Average Time Per Response for Reporting: \1/2\ hour for WH-46; \1/
2\ hour for WH-75.
    Average Time Per Response for Recordkeeping: \1/2\ hour for Piece 
Rate Measurements; \1/2\ hour for WH-75.
    Estimated Total Burden Hours: 28,916.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $13.30.
    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: May 19, 1997.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management 
Administration and Planning, Employment Standards, Administration.
[FR Doc. 97-13615 Filed 5-22-97; 8:45 am]
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