[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Notices]
[Pages 68060-68061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32789]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment Standards Administration
Proposed Collection; Comment Request
ACTION: Notice.
-----------------------------------------------------------------------
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 two proposed extension collections: (1) Work
Experience and Career Exploration Programs--29 CFR Part 570.35A; and
(2) Regulations to Implement the Remedial Education Provisions of the
Fair Labor Standards Amendments of 1989--29 CFR 516.34. Copies of the
proposed information collection requests can be obtained by contacting
the office listed below in the addressee section of this notice.
DATES: Written comments must be submitted to the office listed in the
addressee section below on or before February 26, 1997. The Department
of Labor is particularly interested in comments which:
evaluate whether the proposed collection of information is
necessary for the 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.
ADDRESSEE: Mr. Rich Elman, U.S. Department of Labor, 200 Constitution
Ave., N.W., Room S-3201, Washington, D.C. 20210, telephone (202) 219-
6375 (this is not a toll-free number), fax 202-219-6592.
SUPPLEMENTARY INFORMATION:
Work Experience and Career Exploration Programs (WECEP)--29 CFR
Part 570.35A
I. Background: Section (3)(1) of the Fair Labor Standards Act
(FLSA) provides the Secretary of Labor with the authority to prescribe
employment standards for minors under the age of 18. It further permits
the waiver of those standards for minors between 14 and 15 years of age
in occupations other than manufacturing and mining, where such
employment is confined to periods which will not interfere with the
health and well-being of such minors. Section 570.35(b)(2) requires a
State Educational Agency to file an application for approval of a State
WECEP program as one not interfering with schooling or with the health
and well-being of the minors involved and therefore not constituting
oppressive child labor. Section 570.35a(b)(3)(vi) of the regulations
requires each student participating in a WECEP to execute a written
training agreement signed by the teacher-coordinator, the employer and
the student and signed or otherwise consented by the student's parent
or guardian. Section 570.35a(b)(4)(ii) of the regulations requires that
the State Educational Agency keep a record of the names and addresses
of each school enrolling WECEP students and the number of enrollees in
each unit. A copy of the written training agreement for each student
participating in the program is to be kept in the State Educational
Agency Office or in the local educational office for a period of 3
years from the date of enrollment in the program.
II. Current Actions: The Department of Labor seeks extension
approval to collect this information to carry out its responsibility to
determine whether a WECEP program meets requirements specified in
Section 570.35a of the Regulations, 29 CFR Part 570, as necessary to
permit the employment of minors 14 and 15 years of age under conditions
and in occupations which are otherwise prohibited by Child Labor
Regulation 3. Without this information, the Administrator, Wage and
Hour Division, would not have the means to determine whether or not the
proposed program meets the regulatory criteria.
Regulations to Implement the Remedial Education Provisions of the Fair
Labor Standards Amendments of 1989--29 CFR 516.34
I. Background: The Fair Labor Standards Act (FLSA) sets minimum
wage, overtime (OT) pay, child labor and recordkeeping standards. The
requirements apply to employees engaged in interstate commerce or in
the production of goods for interstate commerce and to employees in
certain enterprises (including employees of a public agency). However,
the law provides exemptions for some of its standards for employees in
certain types of employment. Pursuant to Sec. 7(q) of the FLSA, as
amended, employees who lack a high school diploma or whose reading
level or basic skills are at or below the eighth grade level may be
required to attend up to ten hours per week of remedial education. The
employer-provided remedial education must be designed to provide these
basic skills or to fulfill the requirements for a high school diploma
or General Education Development (GED) Certificate and may not include
job-specific training. Employees subject to OT provisions of the FLSA
ordinarily must be paid one and one-half times their regular rates of
pay for all hours worked over 40 in each workweek (FLSA Sec. 7 (a)).
The additional hours devoted to such remedial education, whether
voluntarily attended by the employee or required as a condition of
employment would not have to be compensated at the time and one-half OT
rate set forth in FLSA Sec. 7(a). However, employees must receive
compensation at their regular rate of pay for time spent receiving such
remedial education. The basic recordkeeping requirements for employers
of employees subject to the FLSA are contained in Regulations, 29 CFR
Part 516, Records to be Kept by Employers.
[[Page 68061]]
II. Current Actions: The Department of Labor seeks extension
approval to collect this information to carry out its responsibility
to review and determine employers' compliance with Sec. 7(q) of
FLSA. Failure to require such records to be kept would make it very
difficult to determine compliance.
Current Actions: The Department of Labor seeks extension approval
to collect this information to carry out its responsibility to review
and determine employers' compliance with Sec. 7(q) of FLSA. Failure to
require such records to be kept would make it very difficult to
determine compliance.
Type of Review: Extension.
Agency: Employment Standards Administration.
Title: Work Experience and Career Exploration Programs (WECEP)--29
CFR Part 570.35A.
OMB Number: 1215-0121.
Affected Public: State or Local or Tribal government; Individuals
or households.
Total Respondents: 16,016.
Frequency: Biennially.
Total Responses: 16,016.
Estimated Time per Response for Reporting: 2 hours per WECEP
application; 1 hour per training agreement.
Average Time per Response for Recordkeeping: 2 hours per WECEP;
one-half minute per training agreement.
Estimated Total Burden Hours: 8,166.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $3.00.
Type of Review: Extension.
Agency: Employment Standards Administration
Title: Regulations to Implement the Remedial Education Provisions
of the Fair Labor Standards Amendments of 1989--29 CFR 516.34.
OMB Number: 1215-0175.
Affected Public: Business or other for-profit; Not-for-profit
institutions; State or Local or Tribal government.
Total Respondents: 15,000.
Frequency: On occasion.
Total Responses: 15,000.
Average Time Per Response for Reporting: 10 minutes per affected
employee per year.
Estimated Total Burden Hours: 5,000.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $0.
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: December 19, 1996.
Cecily A. Rayburn,
Director, Division of Financial Management, Office of Management,
Administration and Planning, Employment Standards Administration.
[FR Doc. 96-32789 Filed 12-24-96; 8:45 am]
BILLING CODE 4510-27-M
