Notice2023-04884
Agency Information Collection Activities; Comment Request; Information Collections: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
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
March 10, 2023
Issuing agencies
Labor DepartmentWage and Hour Division
Abstract
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 (PRA). 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 Wage and Hour Division is soliciting comments concerning its proposal to revise Office of Management and Budget (OMB) approval of the Information Collection: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this notice.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 47 (Friday, March 10, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15100-15101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04884]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection Activities; Comment Request;
Information Collections: Disclosures to Workers Under the Migrant and
Seasonal Agricultural Worker Protection Act
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
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 (PRA). 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 Wage and Hour Division is soliciting
comments concerning its proposal to revise Office of Management and
Budget (OMB) approval of the Information Collection: Disclosures to
Workers Under the Migrant and Seasonal Agricultural Worker Protection
Act. A copy of the proposed information request can be obtained by
contacting the office listed below in the FOR FURTHER INFORMATION
CONTACT section of this notice.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before May 9, 2023.
ADDRESSES: You may submit comments identified by Control Number 1235-
0002, by either one of the following methods: Email:
<a href="/cdn-cgi/l/email-protection#91c6d9d5c1c3d0d2fefcfcf4ffe5e2d1f5fefdbff6fee7"><span class="__cf_email__" data-cfemail="11465955414350527e7c7c747f656251757e7d3f767e67">[email protected]</span></a>; Mail, Hand Delivery, Courier: Division of
Regulations, Legislation, and Interpretation, Wage and Hour, U.S.
Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210. Instructions: Please submit one copy of your
comments by only one method. All submissions received must include the
agency name and Control Number identified above for this information
collection. Because we continue to experience delays in receiving mail
in the Washington, DC area, commenters are strongly encouraged to
transmit their comments electronically via email or to submit them by
mail early. Comments, including any personal information provided,
become a matter of public record. They will also be summarized and/or
included in the request for OMB approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT: Robert Waterman, Division of
Regulations, Legislation, and Interpretation, Wage and Hour, U.S.
Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202) 693-0406 (this is not a toll-
free number). Alternative formats are available upon request by calling
1-866-487-9243. If you are deaf, hard of hearing, or have a speech
disability, please dial 7-1-1 to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
I. Background: The Migrant and Seasonal Agricultural Worker
Protection Act (MSPA) safeguards migrant and seasonal agricultural
workers in their interactions with Farm Labor Contractors, Agricultural
Employers and Agricultural Associations, and providers
[[Page 15101]]
of migrant farm worker housing. See Public Law 97-470. MSPA requires
Farm Labor Contractors, Agricultural Employers, and Agricultural
Associations, who recruit, solicit, hire, employ, furnish, transport,
or house agricultural workers, as well as providers of migrant housing,
to meet certain minimum requirements in their dealings with migrant and
seasonal agricultural workers. Various sections of the MSPA require
respondents (e.g., Farm Labor Contractors, Agricultural Employers, and
Agricultural Associations) to disclose terms and conditions in writing
to their workers. MSPA sections 201(g) and 301(f) require providing
such information in English or, as necessary and reasonable, in a
language common to the workers and that the U.S. Department of Labor
(Department) make forms available to provide such information. The
Department makes optional-use form WH-516, Worker Information--Terms
and Conditions of Employment available for these purposes.
MSPA sections 201(d) and 301(c)--29 U.S.C. 1821(d), 1831(c) and
regulations 29 CFR 500.80(a), require each Farm Labor Contractor,
Agricultural Employer, and Agricultural Association that employs a
migrant or seasonal worker to make, keep, and preserve records for 3
years for each such worker concerning the (1) basis on which wages are
paid; (2) number of piece work units earned, if paid on a piece work
basis; (3) number of hours worked; (4) total pay period earnings; (5)
specific sums withheld and the purpose of each sum withheld; (6) net
pay. Respondents are also required to provide an itemized written
statement of this information to each migrant and seasonal agricultural
worker each pay period. See 29 U.S.C. 1821(d), 1831(c), and 29 CFR
500.1-.80(d). Additionally, MSPA sections 201(e) and 301(d) require
each Farm Labor Contractor to provide copies of all the records noted
above for the migrant and seasonal agricultural workers the contractor
has furnished to other Farm Labor Contractors, Agricultural Employers,
or Agricultural Associations who use the workers. Respondents must also
make and keep certain records. Section 201(c) of the MSPA requires all
Farm Labor Contractors, Agricultural Employers, and Agricultural
Associations providing housing to a migrant agricultural worker to post
in a conspicuous place at the site of the housing, or present to the
migrant worker, a written statement of any housing occupancy terms and
conditions. See 29 U.S.C. 1821(c); 29 CFR 500.75. In addition, MSPA
section 201(g) requires them to provide such information in English, or
as necessary and reasonable, in a language common to the workers. See
29 U.S.C. 1821(g). The provision also requires Department make the
optional forms available to provide the required disclosures. See 29
U.S.C. 1821(g); 29 CFR 500.1(i)(2). The Department makes optional-use
form WH-501, Wage Statement available for this purpose.
MSPA section 201(c)--29 U.S.C. 1821(c) and regulations 29 CFR
500.75(f)-(g), require each Farm Labor Contractor, Agricultural
Employer, and Agricultural Association that provides housing for any
migrant agricultural worker shall post in a conspicuous place at the
site of the housing or present in the form of a written statement to
the worker the following information on the terms and conditions of
occupancy of such housing, if any: (1) The name and address of the farm
labor contractor, agricultural employer or agricultural association
providing the housing; (2) The name and address of the individual in
charge of the housing; (3) The mailing address and phone number where
persons living in the housing facility may be reached; (4) Who may live
at the housing facility; (5) The charges to be made for housing; (6)
The meals to be provided and the charges to be made for them; (7) The
charges for utilities; and (8) Any other charges or conditions of
occupancy. The provision also requires that the Department make the
optional forms available to provide the required disclosures. See 29
U.S.C. 1821(c); 29 CFR 500.75(g). The Department makes optional-use
form WH-521, Housing Terms and Conditions available for this purpose.
II. Review Focus: The Department of Labor is particularly
interested in comments that:
<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> Enhance the quality, utility, and clarity of the
information to be collected;
<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;
<bullet> 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 an approval for
the revision of this information collection in order to ensure
effective administration of the Migrant and Seasonal Agricultural
Worker Protection Act.
Type of Review: Revision.
Agency: Wage and Hour Division.
Title: Disclosure to Workers Under the Migrant and Seasonal
Agricultural Worker Protection Act.
OMB Control Number: 1235-0002.
Affected Public: Business or other for-profit, Not-for-profit
institutions, Farms.
Agency Numbers: Forms WH-501 (English and Spanish versions), WH-516
(English, Spanish and Haitian Creole versions), and WH-521.
Total Respondents: 94,729.
Total Annual Responses: 72,606,389.
Estimated Total Burden Hours: 1,228,769.
Estimated Time per Response: Various.
Frequency: On occasion.
Total Burden Cost (capital/startup/operation/maintenance):
$2,904,255.
Dated: March 6, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2023-04884 Filed 3-9-23; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 10, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.