[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Notices]               
[Page 17544-17545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap09-120]                         

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DEPARTMENT OF LABOR

Employment Standards Administration

 
Proposed Extension of the Approval of Information Collection 
Requirements

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 its proposal to extend the Office of Management and 
Budget (OMB) approval of the Information Collection: Application for 
Certificate to Employ Homeworkers (WH-46); Piece Rate Measurements; and 
Homeworker Handbook (WH-75). 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 15, 2009.

ADDRESSES: Mr. Steven D. Lawrence, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0292, fax (202) 693-1451, E-mail Lawrence.Steven@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 or appropriate to prevent the 
circumvention or evasion of the minimum wage requirements 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. See 29 CFR 530.1-.2. The DOL now allows employers to 
obtain general (employer) certificates to employ homeworkers in all 
restricted industries except women's apparel and hazardous jewelry 
manufacturing operations. See 29 CFR 530.101. In order to obtain 
general certificates to employ workers in the restricted industries 
under the certification program, an employer must apply to the Wage and 
Hour Division (WHD) of the DOL. See Id. Form WH-46 is the application 
form used to obtain a certificate to employ homeworkers in restricted 
industries, and it must contain information required by Regulations 29 
CFR 530.102--including names, addresses, and languages (other than 
English) spoken by the homeworker--and the written assurances set forth 
in Regulations 29 CFR 530.103. If approved, the WHD issues a 
certificate that is valid for two-year periods unless suspended or 
revoked. 29 CFR 530.101(b). Employers in the restricted industries 
under the certification program who pay workers based on piece-rates 
must record and retain documentation of the method used to establish 
piece-rates in order to verify that rates were properly determined and 
resulted in wage payments to homeworkers at a rate at least equal to 
the FLSA minimum wage for all hours worked in the workweek. 29 CFR 
530.202. To ensure employers fulfill their obligation to obtain and 
record accurate hours worked information whenever they distribute 
homework to employees and collect it from them, homeworkers record the 
information in Homeworker Handbooks (WH-75) as they perform the work 
and provide the Handbooks to their employer for transcription at the 
end of each pay period. See 29 CFR 516.31(c), 530.103(d)-(e). This 
information collection is currently approved for use through October 
31, 2009.

II. Review Focus

    The DOL 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 DOL seeks the approval of the extension of this information 
collection in order to ensure employees working as homeworkers are paid 
in compliance with the FLSA and to allow the agency to carry out its 
responsibilities under the Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.

[[Page 17545]]

    Titles: Application for Certificate to Employ Homeworkers; Piece-
Rate Measurements; and Homeworker Handbook.
    OMB Number: 1215-0013.
    Agency Numbers: Forms WH-46 and WH-75.
    Affected Public: Business or other for-profit.
    Respondents: 302,080.
    Total Annual Responses: 1,208,195.
    Estimated Total Burden Hours: 614,241.
    Estimated Time per Response: Varies; from 30 seconds to 30 minutes.
    Frequency: On occasion.
    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 9, 2009.
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. E9-8504 Filed 4-14-09; 8:45 am]

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