Special Minimum Wage Certificates 2010 to 2013

Shawn Musgrave filed this request with the Department of Labor of the United States of America.
Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

A roster, inventory or database of all companies who have applied for authority to employ workers with disabilities at special minimum wages via form WH-226-MIS, Application for Authority to Employ Workers with Disabilities at Special Minimum Wages, in FY2010, FY2011, FY2012 and FY2013.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Haynes, Brenda J - WHD

Mr. Musgrave,

I am in receipt of your FOIA request. You state that
you would like "a roster, inventory or database of all companies who
have applied for authority to employ workers with disabilities". Do you
want simply a listing of the companies, or do you want the applications
for each company?

If you are looking to get the applications for each company, that would
encompass a lot of paper copies which would take longer than the 20 days
required to process FOIA requests. Also there would be fees associated
with complying with that type of request. Copies are provided at
$.15/per page (the first 100 copies are free of charge).

From: Shawn Musgrave

Ms. Haynes,

Is there a database or other summary of how many certificates have been applied/approved for each entity?

Best,
Shawn

From: Haynes, Brenda J - WHD

Yes,

I can provide you with a listing. This is also a link to the website http://www.dol.gov/whd/specialemployment/workers_with_disabilities.htm that has the information you are looking for.

Let me know which you prefer.

From: Shawn Musgrave

Ms. Haynes,

Sorry to ask again but could you confirm whether there is a database of applications? I assume there must be some sort of tracking system of which certificates are issued and which are not approved.

Best,
Shawn

From: Haynes, Brenda J - WHD

No there is no database of applications. We only have case files.

From: Shawn Musgrave

Hello,

Can you clarify the difference between "case files" and an applications database? Do you mean that there is no tracking of applications for certification?

Please advise.

Thank you,
Shawn

From: Haynes, Brenda J - WHD

Mr. Musgrave,

I am referring your questions to Nicole Howard, who is the Section 14(c) supervisor.

Nicole: Please assist Mr. Musgrave with his questions.

From: Howard, Nicole - WHD

Mr. Musgrove, the historical data you are requesting is not readily available in our office. Such a report will take several weeks to obtain.

For such a report to be created, we'll need to know exactly what you are requesting; in terms of a "roster" or "inventory". Provided such information is releasable under FOIA, it will be included in the report.

Nicole Howard
Supervisory Wage and Hour Investigator
FLSA Certification Team
230 S Dearborn St., Room 514
Chicago, Il 60604
****WARNING****
The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: Shawn Musgrave

Ms. Howard,

Thank you for getting in touch. I anticipate that there is some sort of database of certificate applications either by company or individual applicant -- can you confirm whether this is the case?

Best,
Shawn

From: Howard, Nicole - WHD

Yes, there is a database.

Nicole Howard
Supervisory Wage and Hour Investigator
FLSA Certification Team
230 S Dearborn St., Room 514
Chicago, Il 60604
****WARNING****
The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: Shawn Musgrave

Ms. Howard,

Thank you for the clarification. I would like a copy of this database for FY2011, FY2012 and FY2013.

Best,
Shawn

From: Howard, Nicole - WHD

What specific information are you requesting in the report?

Nicole Howard
Supervisory Wage and Hour Investigator
FLSA Certification Team
230 S Dearborn St., Room 514
Chicago, Il 60604
****WARNING****
The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: Shawn Musgrave

Ms. Howard,

Without knowing what information is collated in the database, that's difficult to say. At a minimum, I would like the database pull(s) to include all information submitted by applicants in Form WH-226 (http://www.dol.gov/whd/forms/wh226.pdf), as well as any evaluation metrics by which the applications are weighed and final outcome (approved/denied).

Is this clear?

-Shawn

From: Howard, Nicole - WHD

As mentioned early, such historical data is not readily available to our office. I will find out what can be gathered. In the meantime, here are links to Wage and Hour websites that list currently certified employers:

http://www.dol.gov/whd/specialemployment/workers_with_disabilities.htm

http://www.dol.gov/whd/specialemployment/BusinessCertList.htm

http://www.dol.gov/whd/specialemployment/SWEPlist.htm

http://www.dol.gov/whd/specialemployment/CRPlist.htm

http://www.dol.gov/whd/specialemployment/PatientWorkerList.htm

Nicole Howard
Supervisory Wage and Hour Investigator
FLSA Certification Team
****WARNING****
The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Howard, Nicole - WHD

Good morning. I will check on your request today.

Nicole Howard
Supervisory Wage and Hour Investigator
FLSA Certification Team
230 S Dearborn St., Room 514
Chicago, Il 60604
(312) 596-7200
(312) 596-7207 fax
****WARNING****
The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Howard, Nicole - WHD

Mr. Musgrave, I am checking on the status for you. I hope to have an update by early next week.

Nicole Howard

****WARNING****
The attached information may be confidential. It is intended only for the addressee(s) identified above. If you are not the addressee(s), or an employee or agent of the addressee(s), please note that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please destroy and/or permanently delete the information and notify the sender of the error.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 28, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Davis, Stephen - WHD

Hello Mr. Musgrave,

I've been working with our data management team to process your FOIA
request (tracking number 735302, attached) asking for "a roster,
inventory or database of all companies who have applied for authority to
employ workers with disabilities at special minimum wages via form
WH-226-MIS, Application for Authority to Employ Workers with
Disabilities at Special Minimum Wages, in FY2010, FY2011, FY2012 and
FY2013."

At your earliest convenience, please give me a phone call at
202-693-0147 so we can discuss your request. We have a question about
the scope of your request but it's a bit technical, so I would like to
talk about it over the phone first.
Thanks,

- Stephen D.

Stephen M. Davis

Wage and Hour Division (WHD)

U.S. Department of Labor

202 - 693 - 0147

From: Davis, Stephen - WHD

Hello Mr. Musgrave,

Please confirm that you are willing to accept a "data dump" of Section
14(c)-related information retrieved from our Certificate Processing
System (CPS) in lieu of what you originally requested. Also, please
confirm that you are willing to accept your response via email. The
largest CSV file I have is 6.3 MB, but I can split up the response (11
MB total) into two emails.
Thanks,

- Stephen D.

From: Shawn Musgrave

Mr. Davis -

Per our earlier phone call, I confirm the below revision of my FOIA request scope. To be safe, please split the data submission into two emails, as you suggested.

Thank you again for your help!

-Shawn

From: Davis, Stephen - WHD

Hello Shawn,

Our response to your FOIA request is attached. As we discussed last week, I will be sending it in two parts. This is part one...
- Stephen D.

From: Davis, Stephen - WHD

...And this is part two. Please let me know if you have any questions, and have a great weekend!
- Stephen D.

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