[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57296-57297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23369]
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DEPARTMENT OF LABOR
Wage and Hour Division
Proposed Extension of the Approval of Information Collection
Requirements
AGENCY: Wage and Hour Division, Labor.
ACTION: Notice.
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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 (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 Wage and Hour Division is soliciting comments concerning
its proposal to extend 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 collection request can be obtained by contacting the office
listed below in the address section of this Notice.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before November 19, 2010.
ADDRESSES: You may submit comments identified by Control Number 1235-
0002, by either one of the following methods:
E-mail: [email protected].
Mail, Hand Delivery, Courier: Office of Regulatory and Legislative
Interpretations, Wage and Hour Division, 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 e-mail 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: Michael Hancock, 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). Copies of this notice must be obtained in
alternative formats (Large Print, Braille, Audio Tape or Disc), upon
request, by calling (202) 693-0023 (not a toll-free number). TTY/TDD
callers may dial toll-free (877) 889-5627 to obtain information or
request materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background
Various sections of the Migrant and Seasonal Agricultural Worker
Protection Act (MSPA) (29 U.S.C. 1801, et seq.) require respondents
[i.e., Farm Labor Contractors (FLCs), Agricultural Employers (AGERs),
and Agricultural Associations (AGASs)] to disclose employment terms and
conditions in writing to their workers. MSPA sections 201(g) and 301(f)
requires that the DOL
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make forms available to provide such information. The DOL prints and
makes Optional-use Form WH-516, Worker Information--Terms and
Conditions of Employment, available for these purposes. See 29 CFR
500.75(a), 500.76(a).
MSPA sections 201(d) and 301(c)-29 U.S.C. 1821(d), 1831(c) and
Regulations 29 CFR 500.80(a), require each FLC, AGER and AGAS that
employs any migrant or seasonal worker 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 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; 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. 29 U.S.C. 1821(d), 1831(c); 29 CFR 500.1(i)(3),
-.80(d). In addition, MSPA sections 201(e) and 301(d) require that each
FLC 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. Except for the worker, the recipient
of such records is to retain them for a period of three years.
Respondents must also make and keep certain records, including each
worker's Social Security Number. 29 CFR 500.80(a). In addition, the
wage statement provided to each worker at the time of wage payment is
to include, among other items, the worker's Social Security Number and
employer's Tax Identification Number. 29 CFR 500.80(a), (d).
MSPA section 201(c) requires all FLCs, AGERs, and AGASs providing
housing to any 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(f). In addition, MSPA section 201(g)
requires these FLCs, AGERs, and AGASs to give such information in
English, or as necessary and reasonable, in a language common to the
workers. See 29 U.S.C. 1821(g); 29 CFR 500.1(i)(2), .75(a), (f)-(g).
This provision also requires the DOL to make optional forms available
to provide the required disclosures. See 29 U.S.C. 1821(g); 29 CFR
500.1(i)(2), .75(a), (g).
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 approval for the extension of this information
collection in order to ensure effective administration of various
special employment programs.
Type of Review: Revision.
Agency: Wage and Hour Division.
Title: Disclosures to Workers Under the Migrant Seasonal and
Agricultural Worker Protection Act.
OMB Numbers: 1235-0002, 1235-0009, and 1235-0010 (All to be merged
in 1235-0002).
Affected Public: Private sector, farms.
Respondents: 107,706.
Total Annual Responses: 84,206,505.
Estimated Total Burden Hours: 1,417,426.
Estimated Time per Response: Various.
Frequency: On occasion.
Total Burden Costs (start up/capital/operation/maintenance):
$2,716,101.04.
Michael Hancock,
Acting Director, Division of Regulation, Legislation, and
Interpretation.
[FR Doc. 2010-23369 Filed 9-17-10; 8:45 am]
BILLING CODE 4510-27-P