[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3254-3255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1391]


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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 the proposed extension collection of the following: 
(1) Request for Earnings Information (LS-426); and (2) Recordkeeping 
Requirements of Regulations 29 CFR 516.34, to Implement the Remedial 
Education Provisions of the Fair Labor Standards Act (FLSA). 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 
ADDRESSES section below within 60 days of the date of this Notice.

ADDRESSES:  Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., N.W., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339 (this is not a toll-free number), fax (202) 693-1451.

SUPPLEMENTARY INFORMATION:

Request for Earnings Information, LS-426

I. Background

    The Office of Workers' Compensation Programs (OWCP) administers the 
Longshore and Harbor Workers' Compensation Act, and its extensions. 
These Acts provide compensation benefits to injured workers. Pursuant 
to Section 8 of the Act, injured employees shall receive compensation 
in an amount equal to 66\2/3\ per centum of their average weekly wage. 
Form LS-426 is used to determine if the correct compensation rate is 
being paid.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    <bullet> 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;
    <bullet> 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;
    <SUP></SUP> Enhance the quality, utility and clarity of the 
information to be collected; and
    <SUP></SUP> 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.

III. Current Actions

    The Department of Labor seeks the extension of approval to collect 
this information in order to carry out its responsibility to assure 
that injured workers are paid at the proper compensation rate.
    Type of Review: Extension
    Agency: Employment Standards Administration
    Title: Request for Earnings Information
    OMB Number: 1215-0112
    Agency Number: LS-426
    Affected Public: Individuals or households
    Total Respondents: 1,700
    Frequency: On occasion
    Total Responses: 1,700
    Average Time per Response: 15 minutes
    Estimated Total Burden Hours: 425
    Total Burden Cost (capital/startup): $0
    Total Burden (operational/maintenance): $0

Remedial Education Provisions of the Fair Labor Standards Act

I. Background

    Under the Fair Labor Standards Act (FLSA), employees who lack a 
high school diploma or whose reading level or basic skills are at or 
below the eighth grade, may be required by their employers to attend up 
to 10 hours per week of remedial education. Employees who are subject 
to the overtime provisions of the FLSA ordinarily must be paid one and 
one-half times their regular rate of pay for all hours worked over 40 
in each workweek. However, the additional hours devoted to such 
remedial education would not have to be compensated at the same time 
and one-half overtime rate. However, employees must receive 
compensation at their regular rate of pay for time spent receiving such 
remedial education. Employers wishing to utilize the partial overtime 
exemption for such employees must record the hours of employees spent 
in remedial education.

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
    <SUP></SUP> 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;
    <SUP></SUP> Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumption used;
    <bullet>Enhance the quality, utility and clarity of the information 
to be collected; and
    <SUP></SUP> 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. III. Current Actions: The 
Department of Labor seeks the extension of approval to collect this 
information in order to review and determine employer compliance with 
the applicable section of the FLSA.
    Type of Review: Extension
    Agency: Employment Standards Administration
    Title: Recordkeeping Requirements of Regulations 29 CFR 516.34, the 
Regulations to Implement the Remedial Education Provisions of the Fair 
Labor Standards Act
    OMB Number: 1215-0175

[[Page 3255]]

    Affected Public: Business or other for-profit; not for profit 
institutions, State, Local or Tribal Government
    Total Respondents: 15,000
    Total Records: 30,000
    Average Time per Response: 10 minutes
    Estimated Total Burden Hours: 5,000
    Total Burden Cost (capital/startup): $0
    Total Burden (operational/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: January 13, 2000.
Margaret J. Sherill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 00-1391 Filed 1-19-00; 8:45 am]
BILLING CODE 4510-27-M