Proposed Collection; Comment Request

DEPARTMENT OF LABOR

Employment Standards Administration

Proposed Collection; Comment Request

ACTION: Notice.

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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]

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