[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

[[Page 57297]]

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