[Federal Register: January 30, 2006 (Volume 71, Number 19)]
[Notices]
[Page 4940-4941]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja06-102]
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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: Application for
Certificate to Employ Homeworker (WH-46), Piece Rate Measurements, and
Homeworker Handbooks (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 March 31, 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
Fair Labor Standards Act (FLSA) Sec. 11(d) 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. Restrictions exist on seven homework
industries, (knitted outerwear, women's apparel, jewelry manufacturing,
gloves and mittens, button and buckle manufacturing, handkerchief
manufacturing, and embroideries). DOL permits individual industrial
homework in these restricted industries only if a special homework
certificate is in effect or in certain hardship cases. Homework has
always been permitted under the FLSA in all other industries; provided,
the employer maintains homeworker handbooks for such employees
recording their hours of work and other required payroll information.
Form WH-46, Application to Employ Homeworkers, provides the Wage Hour
Division (WHD) with a means of identifying employers of homeworkers,
and individual workers, in the restricted industries who may not be
identified otherwise. The Piece Rate Measurement requires that
employers record and retain documentation of the method used to
establish pieces rates is necessary so that WHD can verify that rates
were properly determined and will result in wage payments to
homeworkers at a rate at least equal to the FLSA minimum wage for all
hours worked in the work week. Form WH-75, Homeworker Handbook is used
to insure that 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
as they perform the work. Individual homeworkers retain their own
handbooks until completely filled-in and then return them to the
employer. This information collection is currently approved for use
through August 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 approval for the extension of this
information collection in order to insure employees are paid in
compliance with the Fair Labor Standards Act (FLSA).
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Application to Employ Homeworkers Piece Rate Measurements,
Homeworker Handbooks.
OMB Number: 1215-0013.
Agency Number: WH-46 and WH-75.
Affected Public: Individuals or households; Business or other for-
profit; Not-for-profit institutions.
Total Respondents (Recordkeeping and Reporting): 377,606.
Total Responses (Recordkeeping and Reporting): 1,208,195.
Time per Response: 30 minutes.
Frequency: On Occasion.
Estimated Total Burden Hours (Recordkeeping and Reporting):
614,241.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
[[Page 4941]]
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Avg. time
No. of No. of per Burden
Title Form No. respondents responses response hours
(minutes)
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Reporting Burden:
Application To Employ Homeworkers WH-46................ 50 25 30 12.5
Homeworker Handbooks............. WH-75................ 302,005 1,208,020 30 604,010
Recordkeeping Burden:
Piece Rate Measurement........... ..................... 50 150 60.5 151.25
Homeworker Handbooks............. ..................... 75,501 1,208,020 .5 10,067
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Total........................ ..................... 377,606 1,208,195 ........... 614,241
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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: January 25, 2006.
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. E6-1133 Filed 1-27-06; 8:45 am]
BILLING CODE 4510-27-P