Worker Classification Survey

Forms and Documents

Document Name	Status
WorkerClassifySurvey_OMBQs 04 24 14 final.docx Supplementary Document	2014-05-07
Part B Statistical Review Approval.pdf Supplementary Document	2013-10-30
Worker Classification Survey-OMB Part B 10 11 13.docx Supporting Statement B	2013-10-30
Worker_Classification_Survey-OMB_Part_A_11-01-2013.docx Supporting Statement A	2013-11-01

IC Document Collections

IC ID	Document Title	Status
209148	Worker Classification Survey-Employer Interview Other-Survey	New
206152	Worker Classification Survey Other-Survey	New

ICR Details

OMB Control No: 1235-0028	ICR Reference No: 201303-1235-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Worker Classification Survey
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/14/2014
	Date Received in OIRA: 11/08/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2017	36 Months From Approved
Responses	25,086	0	0
Time Burden (Hours)	4,052	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The Department administers the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq. The FLSA generally requires covered employers to pay employees at least the federal minimum wage for all hours worked and overtime premium pay of time and one-half the regular rate of pay for all hours worked over 40 in a workweek. However, the FLSA includes a number of exemptions from the minimum wage and overtime requirements, requiring employers to classify employees to ensure they are following proper practices. The Department intends to administer a survey to collect information about employment experiences and worker knowledge as to basic employment laws in order to understand employee experiences with worker classification issues.

---

Authorizing Statute(s): US Code: 29 USC 551 Name of Law: The Act of March 4, 1913
   PL: Pub.L. 111 - 117 Division D Name of Law: Department of Labor Appropriations Act of 2010
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 2447	01/11/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 67196	11/08/2013
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Worker Classification Survey
Worker Classification Survey-Employer Interview

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	25,086	0	0	25,086	0	0
Annual Time Burden (Hours)	4,052	0	0	4,052	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This collection stems from a new survey to collect information about employment experiences and worker knowledge of basic employment laws and rules to better understand employee experience with their classification status. The data collected will be used to compile an analytical research report on the findings and results of a national representative survey of workers.

---

Annual Cost to Federal Government: $1,800,000

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/08/2013

---