Agency Information Collection Activities; Comment Request; Information Collections: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
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Issuing agencies
Abstract
The Department of Labor (Department) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled "Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act." This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). The Department proposes to extend the approval of this existing information collection without change to the existing requirements. 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. 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
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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Notices]
[Pages 59807-59809]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19264]
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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.
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SUMMARY: The Department of Labor (Department) is soliciting comments
concerning a proposed extension of the information collection request
(ICR) titled ``Disclosures to Workers Under the Migrant and Seasonal
Agricultural Worker Protection Act.'' This comment request is part of
continuing Departmental efforts to reduce paperwork and respondent
burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
The Department proposes to extend the approval of this existing
information collection without change to the
[[Page 59808]]
existing requirements. 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. 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 November 20, 2026.
ADDRESSES: You may submit comments identified by Control Number 1235-
0002, by either one of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#cd9a85899d9f8c8ea2a0a0a8a3b9be8da9a2a1e3aaa2bb"><span class="__cf_email__" data-cfemail="386f707c686a797b5755555d564c4b785c5754165f574e">[email protected]</span></a>;
<bullet> 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.
Comments, including any personal information provided, become a matter
of public record. They will also be summarized and/or included in the
request for Office of Management and Budget (OMB) approval of the
information collection request.
FOR FURTHER INFORMATION CONTACT: Daniel Navarrete, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division,
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
or Act) safeguards migrant and seasonal agricultural workers in their
interactions with Farm Labor Contractors, Agricultural Employers, and
Agricultural Associations, and providers of migrant farm worker
housing. See Public Law 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872).
The Act requires Farm Labor Contractors (FLCs), Agricultural Employers
(AGERs), and Agricultural Associations (AGAs), 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 (i.e., FLCs,
AGERs, and AGAs) to disclose terms and conditions in writing to their
workers.
MSPA sections 201(g) and 301(f) require respondents to provide 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) and the Act's implementing
regulations at 29 CFR 500.80(a) require each FLC, AGER, and AGA 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 FLC to provide copies of all the records noted
above for the migrant and seasonal agricultural workers the contractor
has furnished to other FLCs, AGERs, or AGAs who use the workers.
Respondents must also make and keep certain records.
Section 201(c) of the Act requires all FLCs, AGERs, and AGAs
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) and implementing regulation at 29 CFR
500.75(f)-(g), require each FLC, AGER, and AGA 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. See 29 U.S.C. 1821(c). The
provision also requires that the Department make the optional forms
available to provide the required disclosures. See Id.; 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 extension of this
information collection in order to
[[Page 59809]]
ensure effective administration of the Migrant and Seasonal
Agricultural Worker Protection Act.
Type of Review: Extension.
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: September 14, 2026.
Daniel Navarrete,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2026-19264 Filed 9-18-26; 8:45 am]
BILLING CODE 4510-27-P
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