Notice2023-12412
Agency Information Collection Activities: Renewal Without Change of Existing Collection; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 12, 2023
Issuing agencies
Equal Employment Opportunity Commission
Abstract
In accordance with the Paperwork Reduction Act of 1995 (PRA), the Equal Employment Opportunity Commission (EEOC or Commission) announces that it intends to submit to the Office of Management and Budget (OMB) a request for a three-year extension without change of the existing information collection described below. The Commission is seeking comment on the proposed renewal.
Full Text
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<title>Federal Register, Volume 88 Issue 112 (Monday, June 12, 2023)</title>
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[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38047-38049]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12412]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Renewal Without Change
of Existing Collection; Comment Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
the Equal Employment Opportunity Commission (EEOC or Commission)
announces that it intends to submit to the Office of Management and
Budget (OMB) a request for a three-year extension without change of the
existing information collection described below. The Commission is
seeking comment on the proposed renewal.
DATES: Written comments on this notice must be submitted on or before
August 11, 2023.
ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions on the website for submitting comments.
Mail: Comments may be submitted by mail to Raymond Windmiller,
Executive Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Fax: Comments totaling six or fewer pages can be sent by facsimile
(``fax'') machine to (202) 663-4114 (this is not a toll-free number).
Receipt of fax transmittals will not be acknowledged, except that the
sender may request confirmation of receipt by calling the Executive
Secretariat staff at (202) 921-2815 (voice) (this is not a toll-free
number) or 800-669-6820 (TTY).
Instructions: All comments received must include the agency name
and docket number. All comments received will be posted without change
to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information
provided. However, the EEOC reserves the right to refrain from posting
libelous or otherwise inappropriate comments, including those that
contain obscene, indecent, or profane language; that contain threats or
defamatory statements; that contain hate speech directed at race,
color, sex, national origin, age, religion, disability, or genetic
information; or that promote or endorse services or products.
Copies of comments received are also available for review at the
Commission's library. Copies of comments received in response to this
notice will be made available for viewing by appointment only at 131 M
Street NE, Suite 4NW08R, Washington, DC 20507. Members of the public
may schedule an appointment by sending an email to the following
address: <a href="/cdn-cgi/l/email-protection#bef1fbfafffedbdbd1dd90d9d1c8"><span class="__cf_email__" data-cfemail="256a6061646540404a460b424a53">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, (202) 921-2665 and <a href="/cdn-cgi/l/email-protection#9af1fbeef2f6fffff4b4f5e8fbf7dafffff5f9b4fdf5ec"><span class="__cf_email__" data-cfemail="7e151f0a16121b1b1050110c1f133e1b1b111d50191108">[email protected]</span></a>, or Ashley T. Adams,
General Attorney, (202) 921-2697 and <a href="/cdn-cgi/l/email-protection#87e6f4efebe2fea9e6e3e6eaf4c7e2e2e8e4a9e0e8f1"><span class="__cf_email__" data-cfemail="96f7e5fefaf3efb8f7f2f7fbe5d6f3f3f9f5b8f1f9e0">[email protected]</span></a>, Office of
Legal Counsel, 131 M Street NE, Washington, DC 20507. Requests for this
notice in an alternative format should be made to the Office of
Communications and Legislative Affairs at (202) 663-4191 (voice) or
(202) 663-4494 (TTY).
SUPPLEMENTARY INFORMATION: The Age Discrimination in Employment Act
(ADEA) allows for individuals to waive rights and claims protected
under the Act, provided certain circumstances are met; particularly
that the waiver is knowing and voluntary. In order for an individual's
waiver in connection with a program to be considered knowing and
voluntary, the employer must inform the individual in writing in a
manner calculated to be understood by the average individual eligible
to participate, as to (i) any class, unit, or group of individuals
covered by such program, any eligibility factors for such program, and
any time limits applicable to such program; and (ii) the job titles and
ages of all individuals eligible or selected for the program, and the
ages of all individuals in the same job classification or
organizational unit who are not eligible or selected for the program.
The EEOC's regulations clarify that the relevant section of the ADEA
addresses two principal issues: to whom information must be provided,
and what information must be disclosed to such individuals. The purpose
of the informational requirements is to provide an employee with enough
information regarding the program to allow an employee to make an
informed choice whether or not to sign a waiver agreement. The employer
does not provide this information to the EEOC; the ADEA and the EEOC's
regulation solely require that the employer provide this information to
any employee it would apply to, and not to the Federal government.
The EEOC, in accordance with the PRA and OMB regulation 5 CFR
1320.8(d)(1), provides the general public and Federal agencies with an
opportunity to comment on proposed, revised, and continuing collections
of information. This helps the EEOC to assess the impact of its
information collection requirements and minimize the public's reporting
burden. It also helps the public to understand the EEOC's information
collection requirements and provide the requested data in the desired
format. The EEOC is soliciting comments on the information collection
that is described below. The EEOC is especially interested in public
comment that will assist the EEOC in the following: (1) Evaluating
whether the collection of information is necessary for the proper
performance of the Commission's functions, including whether the
collection has practical utility; (2) Evaluating the accuracy of the
Commission's estimate of the burden of the collection of information,
including the validity of the methodology and assumptions used; (3)
Enhancing the quality, utility, and clarity of the information to be
collected; and (4) Minimizing the burden of the collection of
information on those who are to respond, including 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. Please note that written
comments received in response to this notice will be considered public
records.
[[Page 38048]]
Overview of This Information Collection
Collection title: Waivers of Rights and Claims Under the ADEA;
Informational Requirements.
OMB number: 3046-0042.
Type of Respondent: Business, state or local governments, not for
profit institutions.
Description of affected public: Any employer with 20 or more
employees that seeks waiver agreements in connection with exit
incentive or other employment termination program.
Number of respondents: 1,489.
Burden Hours per Respondent: 16.19.
Total Annual Burden Hours: 24,1067.
Number of forms: 0.
Abstract: The EEOC enforces the Age Discrimination in Employment
Act (ADEA), which prohibits discrimination against employees and
applicants for employment who are age 40 or older. The OWBPA, enacted
in 1990, amended the ADEA to require employers to disclose certain
information to employees (but not to EEOC) in writing when they ask
employees to waive their rights under the ADEA in connection with an
exit incentive program or other employment termination program. The
regulation at 29 CFR 1625.22 reiterates those disclosure requirements.
The EEOC seeks an extension without change for the third-party
disclosure requirements contained in this regulation.
Burden statement: In 2016, the EEOC conducted a limited survey as
the foundation for estimating the burden hours per Respondent. The
estimated burden hours per Respondent are a combination of the
estimated hours to create an ADEA waiver and the estimated hours to
distribute an ADEA waiver to employees as part of an exit incentive
program or other employment termination program. The goal of the 2016
survey was to identify the actual costs of creating and distributing
ADEA waivers and to better understand what type of employees were
involved in this process. The EEOC learned that the human resource
managers (both senior and junior) and legal counsel and staff (both
internal and external counsel) carry most of the paperwork and human
capital burden for drafting and distributing the waivers to employees.
In sum, the burden hours for the creation of the ADEA waiver are
estimated to be 8.25 per Respondent (i.e., employer), while burden
hours for the distribution of the ADEA waiver are estimated to be 7.94
per Respondent (i.e., employer). Thus, the total burden hours per
Respondent (i.e., employer) is 16.19.
The total annual burden hours for this information collection is
calculated by multiplying the number of Respondents (i.e., employers)
by the total burden hours per Respondent. Thus, the total burden hours
for this information collection is 24,107 hours [1,489 Respondents x
16.19 hours per Respondent].
Per Table 1 and 2 below, EEOC found that the approximate cost of
preparing the ADEA waiver notice is $384.36 per Respondent (i.e.,
employer), and the approximate cost of distributing the ADEA waiver
notice is $390.88 per Respondent (i.e., employer). Thus, the total cost
per Respondent is $775.24. For all 1,489 Respondents (i.e., employers)
who are projected to have reductions in force and request waiver
notices, the total preparation cost is $572,312.78, and the total
distribution cost is $582,022.70. Thus, the total cost for all 1,489
Respondents (i.e., employers) is $1,154,334.70 [$572,312.78 +
$582,022.70]. Table 1 reflects the calculation of the costs of creating
the ADEA waiver and Table 2 reflects the calculation of the costs of
distribution of the ADEA waiver.
Table 1--Computations Related to Preparing and Drafting ADEA Waiver Burden Estimate *
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Median wage Projected
rate (hour) hours per Cost per firm Total cost
\1\ employer
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Number of Respondents: 1489.....................
CLERICAL STAFF.................................. $19.08 0.11 $2.10 $3,125.11
SENIOR HUMAN RESOURCE MANAGERS.................. 60.69 0.26 15.78 23,495.53
INTERNALCORPORATE LEGAL COUNSEL................. 61.54 2.23 137.23 204,341.72
EXTERNAL CORPORATE LEGAL COUNSEL................ 61.54 2.00 123.08 183,266.12
CHIEF EXECUTIVE OFFICERS........................ 47.59 0.12 5.71 8,503.38
COMPUTER SPECIALIST (IT PROFESSIONAL)........... 27.84 0.42 11.69 17,410.58
HUMAN RESOURCE SPECIALIST....................... 29.95 1.61 48.22 71,798.84
PARALEGAL....................................... 27.03 1.50 40.55 60,371.51
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SUB TOTAL................................... 335.26 8.25 384.36 572,312.78
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* Totals may not sum due to rounding.
\1\ Wage hour rates are based on 2021 Median Pay, the most recent year available, for the occupation indicated.
They were obtained online from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook
Handbook, <a href="http://www.bls.gov/ooh/">http://www.bls.gov/ooh/</a>. Accessed April 4, 2023.
Table 2--Computations Related to Distributing ADEA Waiver Burden Estimate *
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Median wage Projected
rate (hour) hours per Cost per firm Total cost
\1\ employer
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Number of Respondents: 1489.....................
HUMAN RESOURCE SPECIALIST....................... $29.95 0.27 $8.09 $12,040.80
CLERICAL STAFF.................................. 19.08 0.50 9.54 14,205.06
SENIOR HUMAN RESOURCE MANAGERS.................. 60.69 0.85 51.59 76,812.30
INTERNALCORPORATE LEGAL COUNSEL................. 61.54 2.08 128.00 190,596.76
EXT CORPORATE LEGAL COUNSEL..................... 61.54 2.00 123.08 183,266.12
PARALEGAL....................................... 27.03 1.50 40.55 60,371.51
PAYROLL SPECIALIST.............................. 21.52 0.20 4.30 6,408.66
ADMINISTRATIVE SERVICES MANAGER................. 47.73 0.27 12.89 19,188.89
DEPARTMENT EXECUTIVE............................ 47.59 0.27 12.85 19,132.61
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[[Page 38049]]
SUB TOTAL................................... 376.67 7.94 390.88 582,022.70
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* Totals may not sum due to rounding.
\1\ Wage hour rates are based on 2021 Median Pay, the most recent year available, for the occupation indicated.
They were obtained online from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook
Handbook, <a href="http://www.bls.gov/ooh/">http://www.bls.gov/ooh/</a>. Accessed April 4, 2023.
For the Commission.
Dated: June 5, 2023.
Charlotte A. Burrows,
Chair, U.S. Equal Employment Opportunity Commission.
[FR Doc. 2023-12412 Filed 6-9-23; 8:45 am]
BILLING CODE 6570-01-P
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