Agency Information Collection Activities; Submission for OMB Review; Comment Request; Records To Be Kept by Employers-Fair Labor Standards Act, 51179 [2019-20354]

Agencies

• DEPARTMENT OF LABOR
• Office of the Secretary

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Page 51179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20354]



[[Page 51179]]

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DEPARTMENT OF LABOR

Office of the Secretary


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Records To Be Kept by Employers--Fair Labor 
Standards Act

ACTION: Notice of availability; request for comments.

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SUMMARY: The Department of Labor (DOL) is submitting the Wage and Hour 
Division (WHD) sponsored information collection request (ICR) titled, 
``Records to be Kept by Employers--Fair Labor Standards Act,'' to the 
Office of Management and Budget (OMB) for review and approval for use 
in accordance with the Paperwork Reduction Act (PRA) of 1995. Public 
comments on the ICR are invited.

DATES: The OMB will consider all written comments that agency receives 
on or before October 28, 2019.

ADDRESSES: A copy of this ICR with applicable supporting documentation; 
including a description of the likely respondents, proposed frequency 
of response, and estimated total burden may be obtained free of charge 
from the RegInfo.gov website at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201907-1235-001 (this link will only become active 
on the day following publication of this notice) or by contacting 
Frederick Licari by telephone at 202-693-8073, TTY 202-693-8064, (these 
are not toll-free numbers) or sending an email to 
[email protected].
    Submit comments about this request by mail to the Office of 
Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-WHD, 
Office of Management and Budget, Room 10235, 725 17th Street NW, 
Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free 
number); or by email: [email protected]. Commenters are 
encouraged, but not required, to send a courtesy copy of any comments 
by mail or courier to the U.S. Department of Labor-OASAM, Office of the 
Chief Information Officer, Attn: Departmental Information Compliance 
Management Program, Room N1301, 200 Constitution Avenue NW, Washington, 
DC 20210; or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or 
sending an email to [email protected].

SUPPLEMENTARY INFORMATION: The Department of Labor is updating and 
revising the regulations issued under the Fair Labor Standards Act 
implementing the exemptions from minimum wage and overtime pay 
requirements for executive, administrative, professional, outside 
sales, and computer employees. The Department is submitting to OMB for 
approval a revision to this ICR, ``Records to be Kept by Employers--
Fair Labor Standards Act,'' incorporating certain recordkeeping 
provisions in the associated final rule, ``Defining and Delimiting the 
Exemptions for Executive, Administrative, Professional, Outside Sales 
and Computer Employees,'' RIN 1235-AA20. OMB asked the Department to 
resubmit the information collection request upon promulgation of the 
final rule and after considering public comments on the proposed rule.
    OMB authorization for an ICR cannot be for more than three (3) 
years without renewal and the current approval for this collection is 
scheduled to expire on December 31, 2019. The DOL seeks to extend PRA 
authorization for the current information collection for three (3) more 
years and incorporate a revision to the burden requirements stemming 
from the Final Rule.
    This information collection is subject to the PRA. A Federal agency 
generally cannot conduct or sponsor a collection of information, and 
the public is generally not required to respond to an information 
collection, unless the OMB, under the PRA, approves it and displays a 
currently valid OMB Control Number. In addition, notwithstanding any 
other provisions of law, no person shall generally be subject to 
penalty for failing to comply with a collection of information that 
does not display a valid Control Number. See 5 CFR 1320.5(a) and 
1320.6. The DOL obtains OMB approval for this information collection 
under Control Number 1235-0018. New requirements would only take effect 
upon OMB approval of the ICR and publication of the final rule.
    Interested parties are encouraged to send comments to the OMB, 
Office of Information and Regulatory Affairs at the address shown in 
the ADDRESSES section within thirty-(30) days of publication of this 
notice in the Federal Register. In order to help ensure appropriate 
consideration, comments should mention OMB Control Number 1235-0018. 
The OMB is particularly interested in comments that:
     Evaluate whether the proposed collection of information is 
necessary for the proper 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 submission of responses.
    Agency: DOL-WHD.
    Title of Collection: Records to be Kept by Employers--Fair Labor 
Standards Act.
    OMB Control Number: 1235-0018.
    Affected Public: Private sector businesses or other for-profits, 
farms, not-for-profit institutions, state, local and tribal 
governments, and individuals or households.
    Total Estimated Number of Respondents: 5,621,961.
    Total Estimated Number of Responses: 46,959,856.
    Total Estimated Annual Time Burden: 3,625,986 hours.
    Total Estimated Annual Other Costs Burden: $0.

    Authority: 44 U.S.C. 3507(a)(1)(D).

    Dated: September 16, 2019.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2019-20354 Filed 9-26-19; 8:45 am]
 BILLING CODE 4510-27-P