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

[[Page 6557]]

properly assessed. Currently, the Employment Standards Administration

is soliciting comments concerning two proposed extension information

collections: (1) the Wage Statement (English and Spanish) Forms, WH-501

and WH-501S and (2) the Airline Job Vacancies List and semi-annual

reports of designated employees hired.

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 April 14, 1997. The Department of

Labor is particularly interested in comments which:

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 submissions of responses.

ADDRESSES: For the Wage of Statement submission, contact Mr. Rich

Elman, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-

3201, Washington, DC 20210, telephone (202) 219-6375. For the Airline

Vacancy Listing, contact Ms. Margaret Sherrill at the same address

above, telephone 202-219-7601. (These are not toll-free numbers.) Fax

202-219-6592.

SUPPLEMENTARY INFORMATION:

I. Background

Section 201(d) and 301(c) of the Migrant and Seasonal Agricultural

Worker Protection Act (MSPA) and section 500.80 of Regulations 29 CFR

Part 500, Migrant and Seasonal Agricultural Protection, require that

each farm labor contractor, agricultural employer, and agricultural

association which employs any migrant or seasonal worker make, keep,

and preserve records for three years for each such worker concerning:

(1) the basis on which wages are paid; (2) the number of piece work

units earned, if paid on piece work basis; (3) the number of hours

worked; (4) the total pay period earnings; (5) the specific sums

withheld and the purposes of each sum withheld; and, (6) the net pay.

These sections also require that an itemized written statement of this

information be provided to each migrant and seasonal worker. In

addition, section 201(e) and 301(d) require that each farm labor

contractor provide to other farm labor contractors, agricultural

employers or agricultural associations to whom the contractor has

furnished migrant or seasonal workers, copies of all records noted

above for such workers. Forms WH-501 and WH-501S are optional forms

which a farm labor contractor, agricultural employer and agricultural

association can maintain as a record and provide as a statement of

earnings to migrant and seasonal agricultural workers and users of such

workers, listing the method of payment of wages.

II. Current Actions

The Department of Labor (DOL) seeks extension of approval to

collect this information in order to carry out its responsibility to

monitor compliance by employers of any migrant or seasonal workers to

ensure that they maintain specific weekly payroll information and

provide copies to each worker and the person(s) furnished the worker.

Failure to require employers to maintain such records would make

determination of compliance by DOL extremely difficult.

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Wage Statement (English and Spanish).

OMB Number: 1215-0148.

Agency Numbers: WH-501 and WH-501S.

Affected Public: Individuals or households; Business or other for-

profit, Farms.

Total Respondents: 1.5 million.

Frequency: On occasion.

Total Responses: 39 million.

Average Time Per Response for Reporting: \1/2\ minute.

Average Time Per Response for Recordkeeping: \1/2\ minute.

Estimated Total Burden Hours: 650,000.

Total Burden Cost (capital/startup): 0.

Total Burden Cost (operating/maintenance): 0.

SUPPLEMENTARY INFORMATION:

I. Background

The Airline Deregulation (AirDereg) Act requires the Secretary of

Labor to establish a program to implement the first-right-of-hire

provisions of the legislation (29 CFR, Part 220), to insure that

furloughed, protected employees (designated employees) may exercise

their statutory rights. AirDereg provides a mechanism for the

monitoring hiring activity in the airline industry. Section 43(d)(2) of

the Regulations provides that covered air carriers submit a semi-annual

list of all jobs filled and certify the reason if any job is filled

with a ``non-designated employee''. All covered air carriers shall

report their permanent job vacancies as they occur, to a central job

center, for the preparation of a comprehensive list of jobs in the

industry that is distributed to all state employment agencies. The

Airline Vacancy Listing Form requests such information as name and

location of airline, vacancy location, occupational specialty, job

title, and salary. The information is submitted by the covered airlines

semi-annually.

II. Current Actions

The Department of Labor seeks extension of approval to collect this

information to enable airlines to meet the reporting requirement on

their hiring activity and job vacancies. The reports will determine

whether carriers have complied with the duty to hire and provide

information that can be made available to protected employees. If this

information was not collected, this source of information would not be

available to designated employees to obtain work nor anyone seeking

work in the airline industry.

Type of Review: Extension.

Agency: Employment Standards Administration.

Title: Airline Vacancy Listing.

OMB Number: 1214-0004.

Affected Public: Business or other for-profit.

Total Respondents: 4.

Frequency: Semi-annually.

Total Responses: 223.

Average Time Per Response for Reporting: 15 minutes.

Estimated Total Burden Hours: 310.

Total Burden Cost (capital/startup): $0.

Total Burden Cost (operating/maintenance): $580.

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 requests; they will also become

a matter of public record.

[[Page 6558]]

Dated: February 7, 1997.

Cecily A. Rayburn,

Director, Division of Financial Management, Office of Management,

Administration and Planning, Employment Standards Administration.

[FR Doc. 97-3476 Filed 2-11-97; 8:45 am]

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