Waivers of Rights and Claims Under the ADEA; Informational Requirements

ICR 202007-3046-001

OMB: 3046-0042

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2020-07-13
Supporting Statement A
2020-07-07
IC Document Collections
ICR Details
3046-0042 202007-3046-001
Active 202003-3046-001
EEOC
Waivers of Rights and Claims Under the ADEA; Informational Requirements
Extension without change of a currently approved collection   No
Regular
Approved without change 09/30/2020
Retrieve Notice of Action (NOA) 07/13/2020
  Inventory as of this Action Requested Previously Approved
09/30/2023 36 Months From Approved 09/30/2020
2,425 0 127
39,261 0 2,090
0 0 0

In order to allow an employee to make an informed decision, the ADEA requires that if an employer requests a waiver in association with a group termination program, the employer must disclose certain information to the employee in writing.

US Code: 29 USC 626(f)(1) Name of Law: Age Discrimination in Em[ployment Act
  
None

Not associated with rulemaking

  85 FR 26687 05/05/2020
85 FR 41974 07/13/2020
No

1
IC Title Form No. Form Name
Waivers of Rights and Claims Under the ADEA; Informational Requirements

  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 2,425 127 0 0 2,298 0
Annual Time Burden (Hours) 39,261 2,090 0 0 37,171 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
For the current 2020 ICR submission, the EEOC will rely again on the 2016 estimate of burden hours per respondent. Due to concerns about data quality given the COVID-19 pandemic, and in accordance with OMB guidance memo M-20-16, EEOC does not intend to conduct a new limited survey to re-estimate burden hours at this time. The burden hours for the creation of the ADEA waiver are estimated to be 8.25 per employer and the burden hours for the distribution are estimated to be 7.94 per employer, for a total of 16.19 hours. EEOC did not receive any comments questioning the estimated completion time in response to the 60 Day Notice. The number of respondents is estimated to be 2,425, which is the total number of unique US firms reporting a layoff in 2019 as derived from the monthly Challenger Job Cut Report. This number of respondents is different than the number of respondents used in 2016, creating a change in the burden figures (though the estimate of burden hours per employer remains the same).

$0
No
    No
    No
No
No
No
No
Savannah Marion 202 663-4909 savannah.marion@eeoc.gov

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
07/13/2020


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