[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Notices]
[Page 6660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2702]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Extension of the Approval of Information Collection 
Requirements

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), 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 its proposal to extend the Office of Management and 
Budget (OMB) approval of the Information Collection: Wage Statement 
(WH-501 (English) and WH-501S (Spanish)). A copy of the proposed 
information collection request can be obtained by contacting the office 
listed below in the ADDRESSES section of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before April 13, 2009.

ADDRESSES: Mr. Steven D. Lawrence, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0292, fax (202) 693-1451, E-mail [email protected]. 
Please use only one method of transmission for comments (mail, fax, or 
E-mail).

SUPPLEMENTARY INFORMATION:
    I. Background: Migrant and Seasonal Agricultural Worker Protection 
Act (MSPA) sections 201(d) and 301(c)-29 U.S.C. sections 1821(d), 
1831(c) and Regulations 29 CFR 500.80(a), require each farm labor 
contractor, agricultural employer and agricultural association that 
employs any migrant or seasonal worker (collectively respondents) to 
make, keep, and preserve records for three years for each such worker 
concerning the:
    (1) Basis on which wages are paid; (2) Number of piecework units 
earned, if paid on piecework basis; (3) Number of hours worked; (4) 
Total pay period earnings; (5) Specific sums withheld and the purpose 
of each sum withheld and (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. In addition, MSPA sections 201(e) and 301(d) 
require that each farm labor contractor provide copies of all the 
records noted above for the migrant or seasonal agricultural workers 
the contractor has furnished to other farm labor contractors, 
agricultural employers or agricultural associations who use the 
workers. Forms WH-501 (English) and WH-501S (Spanish), MSPA Wage 
Statement, are DOL created optional use forms that allow a farm labor 
contractor, agricultural employer, or agricultural association to 
satisfy the statutory requirement to make, keep, preserve, and disclose 
certain payroll records and to provide a statement of earnings listing 
the method of payment of wages to migrant and seasonal agricultural 
workers and to the users of such workers. This information collection 
is currently approved for use through August 31, 2009.
    II. Review Focus: The DOL is particularly interested in comments 
which:
     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;
     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;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     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 DOL seeks the approval of the extension 
of this information collection in order to ensure parties receive 
information required by the MSPA and for the agency to carry out its 
responsibilities under the Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: MSPA Wage Statement.
    OMB Number: 1215-0148.
    Agency Numbers: WH-501 (English) and WD-501S (Spanish).
    Affected Public: Business or other for-profit; Farms.
    Total Respondents: 51,542.
    Total Annual Responses: 42,925,000.
    Estimated Total Burden Hours: 715,417.
    Estimated Time per Response: 1 minute.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $2,146,250.
    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: February 4, 2009.
Hazel Bell,
Acting Chief, Branch of Management Review and Internal Control, 
Division of Financial Management, Office of Management, Administration 
and Planning, Employment Standards Administration.
[FR Doc. E9-2702 Filed 2-9-09; 8:45 am]
BILLING CODE 4510-27-P