Fair Labor Standards Act Special Employment Provisions

Forms and Documents

Document Name	Status
Form WH-75 Homeworker Handbook Form and Instruction	Unchanged
Form WH-46 Application to Employ Homeworkers Form and Instruction	Modified
Form WH-2 Application for Special Industrial Homeworker's Certificate Form and Instruction	Modified
empsit April 2021.pdf Supplementary Document	2021-05-21
60 day FR notice 1235-0001 86 FR 14648 (2021-03-17).pdf Supplementary Document	2021-03-17
Supporting Statement 1235-0001 v3.1 (2021-06-28).docx Supporting Statement A	2021-06-28

IC Document Collections

IC ID	Document Title	Status
195818	Piece Rate Measurements	Unchanged
195817	Homeworker Handbook Form and Instruction	Unchanged
195807	Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages Instruction	Modified
195806	Application to Employ Homeworkers Form and Instruction	Modified
195805	Employment Under Special Certificates Students Learners Instruction	Modified
195799	Application for Special Industrial Homeworker's Certificate Form and Instruction	Modified
13920	Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners) Instruction	Modified

ICR Details

OMB Control No: 1235-0001	ICR Reference No: 202103-1235-002
Status: Received in OIRA	Previous ICR Reference No: 202006-1235-001
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Fair Labor Standards Act Special Employment Provisions
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/13/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2021
Responses	1,339,967	1,345,357
Time Burden (Hours)	684,595	693,807
Cost Burden (Dollars)	1,085	2,482

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Abstract: This information collection pertains to the Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., special employment provisions. These provisions relate to restrictions on industrial homework and to the use of special certificates that allow for the employment of categories of workers who may be paid less than the general Federal statutory minimum wage to the extent necessary to prevent curtailment of their employment opportunities. For this revision request specifically, the Department proposes to revise forms WH-226 (Application for Authority to Employ Workers with Disabilities at Special Minimum Wages) and WH-226A (Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Special Minimum Wages). The proposed change is to provide an electronic form for the public’s use when completing the WH-226 and/or WH-226A forms. An online platform has been created so the WH-226 and WH-226A forms may be submitted electronically. The substance of the proposed electronic forms is substantially the same with minor word changes to accommodate the type of submission (electronic versus paper).

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Authorizing Statute(s): US Code: 29 USC 211(d) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 214(b) Name of Law: Fair Labor Standards Act
   US Code: 29 USC 214(a) Name of Law: Fair Labor Standards Act
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 14648	03/17/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 36775	07/13/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Application for Special Industrial Homeworker's Certificate	WH-2	Application for Special Industrial Homeworker's Certificate
Application to Employ Homeworkers	WH-46	Application for Certificate to Employ Homeworkers
Employment Under Special Certificates Students Learners	WH-200, WH-201, WH-202	Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 C.F.R. Part 519 ,   Higher Education to Employ its Full-time Students at Subminimum Wages Under Regulations 29 C.F.R. Part 519 ,   Application for Authority to Employ Six or Fewer Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 C.F.R. Part 519
Employment Under Special Certificates of Apprentices, Messengers and Learners (including Student Learners)	WH-205, WH-209	Application for Authorization to Employ A Student-Learner at Subminimum Wages ,   Application for a Certificate to Employ Messengers/Learners at Subminimum Wages
Employment Under Special Certificates of Workers with Disabilities at Special Minimum Wages	WH-226 and WH-226A electronic, WH-226, WH-226A	Application for Authority to Employ Workers with Disabilities at Subminimum Wages ,   Supplemental Data Sheet for Application for Authority to Employ Workers with Disabilities at Subminimum Wages ,   Section 14(c) certificate application electronic
Homeworker Handbook	WH-75, WH-75sp	Homeworker Handbook ,   Manual Para Empleado(a) Casero(a)
Piece Rate Measurements

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ICR Summary of Burden

	Total Request	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	1,339,967	1,345,357	0	0	-5,390	0
Annual Time Burden (Hours)	684,595	693,807	0	0	-9,212	0
Annual Cost Burden (Dollars)	1,085	2,482	0	0	-1,397	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: A decline in applications has resulted in a decline in burden

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Annual Cost to Federal Government: $64,987

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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Common Form ICR:  No

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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: 07/13/2021

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