60 Day Federal Register Notice

Published 60 Day Notice ADEA Waiver.pdf

Waivers of Rights and Claims Under the ADEA; Informational Requirements

60 Day Federal Register Notice

OMB: 3046-0042

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Download: pdf | pdf
Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
Background on the registration review
program is provided at: http://
www.epa.gov/pesticide-reevaluation.
Authority: 7 U.S.C. 136 et seq.
Dated: April 27, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation
Division, Office of Pesticide Programs.
[FR Doc. 2020–09570 Filed 5–4–20; 8:45 am]
BILLING CODE 6560–50–P

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities; Comment Request
Equal Employment
Opportunity Commission.
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Equal Employment
Opportunity Commission (EEOC or
Commission) announces that it intends
to submit to the Office of Management
and Budget (OMB) a request for
reinstatement without change of the
information collection described below.
The Commission is seeking public
comments on the proposed
reinstatement.
DATES: Written comments on this notice
must be submitted on or before July 6,
2020.
ADDRESSES: You may submit comments
using any of the following methods—
please use only one method:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Bernadette B. Wilson, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages can be sent by facsimile (‘‘fax’’)
machine to (202) 663–4114 (This is not
a toll-free number.) Receipt of fax
transmittals will not be acknowledged,
except that the sender may request
confirmation of receipt by calling the
Executive Secretariat staff at (202) 663–
4070 (voice) or (800) 669–6820 (TTY).
(These are not toll-free telephone
numbers.)
Instructions: All comments received
must include the agency name and
docket number. All comments received
will be posted without change to http://
www.regulations.gov, including any
personal information provided.
However, the EEOC reserves the right to

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SUMMARY:

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refrain from posting libelous or
otherwise inappropriate comments,
including those that contain obscene,
indecent, or profane language; that
contain threats or defamatory
statements; that contain hate speech
directed at race, color, sex, national
origin, age, religion, disability, or
genetic information; or that promote or
endorse services or products.
Although copies of comments
received are usually also available for
review at the Commission’s library,
given the EEOC’s current 100%
telework status due to the covid–19
pandemic, the Commission’s library is
closed until further notice. Once the
Commission’s library is re-opened,
copies of comments received in
response to the proposed rule will be
made available for viewing by
appointment only at 131 M Street NE,
Suite 4NW08R, Washington, DC 20507,
between the hours of 9:30 a.m. and 5:00
p.m.
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, (202) 663–4668, or Savannah
Marion Felton, Senior Attorney, (202)
663–4909, Office of Legal Counsel, 131
M Street NE, Washington, DC 20507.
Requests for this notice in an alternative
format should be made to the Office of
Communications and Legislative Affairs
at 1–800–669–4000 (voice), 1–800–669–
6820 (TTY), or 1–800–234–5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: The Age
Discrimination in Employment Act
(ADEA) allows for individuals to waive
rights and claims protected under the
Act, provided certain circumstances are
met; particularly that the waiver is
knowing and voluntary. In order for an
individual’s waiver in connection with
a program to be considered knowing
and voluntary, the employer must
inform the individual in writing in a
manner calculated to be understood by
the average individual eligible to
participate, as to (i) any class, unit, or
group of individuals covered by such
program, any eligibility factors for such
program, and any time limits applicable
to such program; and (ii) the job titles
and ages of all individuals eligible or
selected for the program, and the ages of
all individuals in the same job
classification or organizational unit who
are not eligible or selected for the
program. The EEOC’s regulations clarify
that the relevant section of the ADEA
addresses two principal issues: To
whom information must be provided,
and what information must be disclosed
to such individuals. The purpose of the
informational requirements is to provide
an employee with enough information

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26687

regarding the program to allow an
employee to make an informed choice
whether or not to sign a waiver
agreement. The employer does not
provide this information to the EEOC;
the ADEA and the EEOC’s regulation
solely require that the employer provide
this information to any employee it
would apply to, and not to the Federal
government.
The EEOC, in accordance with the
PRA and OMB regulation 5 CFR
1320.8(d)(1), provides the general public
and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the EEOC to
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public to understand the
EEOC’s information collection
requirements and provide the requested
data in the desired format. The EEOC is
soliciting comments on the information
collection that is described below. The
EEOC is especially interested in public
comment that will assist the EEOC in
the following: (1) Evaluating whether
the collection of information is
necessary for the proper performance of
the Commission’s functions, including
whether the collection has practical
utility; (2) Evaluating the accuracy of
the Commission’s estimate of the
burden of the collection of information,
including the validity of the
methodology and assumptions used; (3)
Enhancing the quality, utility, and
clarity of the information to be
collected; and (4) Minimizing the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. Please note that written
comments received in response to this
notice will be considered public
records.
Overview of This Information
Collection
Collection Title: Waivers of Rights and
Claims Under the ADEA; Informational
Requirements.
OMB Number: 3046–0042.
Type of Respondent: Business, state or
local governments, not for profit
institutions.
Description of Affected Public: Any
employer with 20 or more employees
that seeks waiver agreements in
connection with an exit incentive or
other employment termination program.
Number of Respondents: 2,425.

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26688

Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices

Burden Hours per Respondent: 16.19
hours.
Total Annual Burden Hours:
39,260.75.
Number of Forms: None.
Abstract: The EEOC enforces the Age
Discrimination in Employment Act
(ADEA) which prohibits discrimination
against employees and applicants for
employment who are age 40 or older.
The Older Workers Benefit Protection
Act (OWBPA), enacted in 1990,
amended the ADEA to require
employers to disclose certain
information to employees (but not to the
EEOC) in writing when they ask
employees to waive their rights under
the ADEA in connection with an exit
incentive program or other employment
termination program. The regulation at

29 CFR 1625.22 reiterates those
disclosure requirements.
Burden Statement: In 2016, the EEOC
conducted a limited survey as the
foundation for estimating the burden
hours per Respondent. The goal of the
survey was to more accurately capture
the actual costs of creating and
distributing ADEA waivers and to better
understand what type of employees
were involved in this process.
For the current 2020 submission, the
EEOC will rely again on this 2016
estimate of burden hours per
respondent. Due to concerns about data
quality given the current COVID–19
pandemic, and in accordance with OMB
guidance memo M–20–16, the EEOC
does not intend to conduct a new

limited survey to re-estimate burden
hours per respondent at this time.
Based on data collected from
employers participating in the 2016
limited survey, EEOC learned that the
senior human resource managers and
legal counsel bear the most significant
brunt of the paperwork and human
capital burden in drafting and
distributing the waivers to employees.
The burden hours for the creation of the
ADEA waiver are estimated to be 8.25
per employer. Burden hours for the
distribution of the ADEA waiver are
estimated to be 7.94 per employer, for
a total of 16.19 hours per employer.
The total annual burden hours is
calculated by multiplying the number of
Respondents by the burden hours per
Respondent [2,425 × 16.19 = 39,260.75].

TABLE 1—COMPUTATIONS RELATED TO PREPARING AND DRAFTING ADEA WAIVER BURDEN ESTIMATE *
Wage rate
(hour)1

Projected
hours per
employer

Cost per firm

Total cost

Number of Respondents: 2,425
CLERICAL STAFF ...........................................................................................
SENIOR HUMAN RESOURCE MANAGERS ..................................................
INTERNALCORPORATE LEGAL COUNSEL .................................................
EXTERNAL CORPORATE LEGAL COUNSEL ...............................................
CHIEF EXECUTIVE OFFICERS .....................................................................
COMPUTER SPECIALIST (IT PROFESSIONAL) ...........................................
HUMAN RESOURCE SPECIALIST ................................................................
PARALEGAL ....................................................................................................

$18.69
54.47
58.13
58.13
50.47
25.70
29.27
24.49

0.11
0.26
2.23
2.00
0.12
0.42
1.61
1.50

$2.06
14.16
129.63
116.26
6.06
10.79
47.12
36.74

$4,985.56
34,343.34
314,352.51
281,930.50
14,686.77
26,175.45
114,277.40
89,082.38

SUB TOTAL ..............................................................................................

319.35

8.25

362.82

879,833.89

* Totals may not sum due to rounding.
1 Wage hour rates listed in first column are based on 2018 Median Pay for the occupation indicated and were obtained online from the U.S.
Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, http://www.bls.gov/ooh/. Accessed April 8, 2020.

TABLE 2—COMPUTATIONS RELATED TO DISTRIBUTING ADEA WAIVER BURDEN ESTIMATE **
Wage rate
(hour) 1

Projected
hours per
employer

Cost per firm

Total cost

Number of Respondents: 2,425
HUMAN RESOURCE SPECIALIST ................................................................
CLERICAL STAFF ...........................................................................................
SENIOR HUMAN RESOURCE MANAGERS ..................................................
INTERNAL CORPORATE LEGAL COUNSEL ................................................
EXT CORPORATE LEGAL COUNSEL ...........................................................
PARALEGAL ....................................................................................................
PAYROLL SPECIALIST ..................................................................................
ADMINISTRATIVE SERVICES MANAGER ....................................................
DEPARTMENT EXECUTIVE ...........................................................................

$29.27
18.69
54.47
58.13
58.13
24.49
19.02
46.24
50.47

0.27
0.5
0.85
2.08
2
1.5
0.2
0.27
0.27

$7.90
9.35
46.30
120.91
116.26
36.74
3.80
12.48
13.63

$19,164.53
22,661.63
112,276.29
293,207.72
281,930.50
89,082.38
9,224.70
30,275.64
33,045.23

SUB TOTAL ..............................................................................................

358.91

7.94

367.37

890,868.61

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** Totals may not sum due to rounding.
2 Ibid.

Per Table 1 and 2 above, EEOC found
that the approximate cost of preparing
the ADEA waiver notice is $362.82 per
employer and the approximate cost of
distributing the ADEA waiver notice is
$367.37 per employer. The total per

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employer cost is therefore $730.19. For
all 2,425 employers who are projected to
have reductions in force and request
waiver notices, the total preparation
cost is $879,833.89, and $890,868.61 for
distribution. The total cost for all 2,425

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employers is $1,770,702.50. Table 1
reflects the calculation of the costs of
creating the ADEA waiver and Table 2
reflects the calculation of the costs of
distribution of the ADEA waiver.

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Federal Register / Vol. 85, No. 87 / Tuesday, May 5, 2020 / Notices
For the Commission.
Janet L. Dhillon,
Chair.

public attendees. However, if the space
will not accommodate all requests, the
ASC may refuse attendance on that
reasonable basis. The use of any video
or audio tape recording device,
photographing device, or any other
electronic or mechanical device
designed for similar purposes is
prohibited at ASC Meetings.

[FR Doc. 2020–09603 Filed 5–4–20; 8:45 am]
BILLING CODE 6570–01–P

FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL

Dated: April 30, 2020.
Lori Schuster,
Management & Program Analyst.

[Docket No. AS20–05]

Appraisal Subcommittee; Notice of
Meeting

[FR Doc. 2020–09584 Filed 5–4–20; 8:45 am]

26689

ContactUs/feedback.aspx, not later than
June 4, 2020.
A. Federal Reserve Bank of New York
(Ivan Hurwitz, Senior Vice President) 33
Liberty Street, New York, New York
10045–0001. Comments can also be sent
electronically to
comments.applications@ny.frb.org:
1. Morgan Stanley, New York, New
York; to acquire E*TRADE Financial
Corporation, and thereby indirectly
acquire E*TRADE Bank and E*TRADE
Savings Bank, all of Arlington, Virginia,
pursuant to Section 4 of the BHC Act.

Appraisal Subcommittee of the
Federal Financial Institutions
Examination Council.
ACTION: Notice of meeting.

BILLING CODE 6700–01–P

SUPPLEMENTARY INFORMATION:

Notice of Proposals To Engage in or
To Acquire Companies Engaged in
Permissible Nonbanking Activities;
Extension of Comment Period

BILLING CODE P

The company listed in this notice
provided notice to the Board under
section 4 of the Bank Holding Company
Act (12 U.S.C. 1843) (BHC Act) and
Regulation Y (12 CFR part 225) to
acquire or control voting securities of a
company, including the companies
listed below, that engages either directly
or through a subsidiary or other
company, in a nonbanking activity that
is listed in section 225.28 of Regulation
Y (12 CFR 225.28), that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies, or that is
otherwise permissible for financial
holding companies. Unless otherwise
noted, these activities will be conducted
throughout the United States.
The notice is available for inspection
at the Federal Reserve Bank indicated.
The public record of the notice,
including all comments received also
will be available on the Board’s website
at https://www.federalreserve.gov/foia/
readingrooms.htm. Interested persons
may express their views in writing on
the question whether the proposal
complies with the standards of section
4 of the BHC Act.
The comment period for this notice
has been extended in light of ongoing
challenges for households and
businesses caused by the COVID–19
emergency in order to provide
additional opportunity for interested
persons to submit comments. Comments
regarding the notice must be received at
the Reserve Bank indicated or the
offices of the Board of Governors, Ann
E. Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington DC 20551–0001; or https://
www.federalreserve.gov/apps/

Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company

AGENCY:

FEDERAL RESERVE SYSTEM

Board of Governors of the Federal Reserve
System.
Ann Misback,
Secretary of the Board.
[FR Doc. 2020–09561 Filed 5–4–20; 8:45 am]

Description: In accordance with
Section 1104(b) of Title XI of the
Financial Institutions Reform, Recovery,
and Enforcement Act of 1989, as
amended, notice is hereby given that the
Appraisal Subcommittee (ASC) will
meet in open session for its regular
meeting:
Location: Due to the COVID–19
Pandemic, the meeting will be open to
the public via live webcast only. Visit
the agency’s homepage (www.asc.gov)
and access the provided registration link
in the What’s New box. You MUST
register in advance to attend this
Meeting.
Date: May 13, 2020.
Time: 10:00 a.m.
Status: Open.
Reports
Chairman
Executive Director
Delegated State Compliance Reviews
Grants Director
Financial Manager
Notation Vote

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Action and Discussion Items
Approval of Minutes
February 12, 2020 Open Session
February 12, 2020 Closed Session
April 9, 2020 Special Meeting
Selection of ASC Vice Chair
Policy on Monitoring and Reviewing the
Appraisal Foundation
Review and Approval of 2020 State
Grant Notice of Funding
Availability (NOFA) Summary
2019 ASC Annual Report
How to Attend and Observe an ASC
Meeting: Due to the COVID–19
Pandemic, the meeting will be open to
the public via live webcast only. Visit
the agency’s homepage (www.asc.gov)
and access the provided registration link
in the What’s New box. The meeting
space is intended to accommodate

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FEDERAL RESERVE SYSTEM

The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The applications listed below, as well
as other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank indicated. The
applications will also be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than May 20, 2020.
A. Federal Reserve Bank of
Philadelphia (William Spaniel, Senior
Vice President) 100 North 6th Street,
Philadelphia, Pennsylvania 19105–
1521. Comments can also be sent
electronically to
Comments.applications@phil.frb.org:
1. Patriot Financial Partners, GP III,
L.P., Patriot Financial Partners III, L.P.,
Patriot Financial Partners, GP III, LLC,
Patriot Financial Advisors, L.P., Patriot
Financial Advisors, LLC and W. Kirk
Wycoff, James J. Lynch, and James F.

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