81 FR 84619 - Proposed Extension of the Information Collection Disclosure to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 81, Issue 226 (November 23, 2016)

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. 3056(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 request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84619-84620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28265]


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DEPARTMENT OF LABOR

Wage and Hour Division


Proposed Extension of the Information Collection Disclosure 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, 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. 3056(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 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 January 23, 2017.

ADDRESSES: You may submit comments identified by Control Number 1235-
0002, by either one of the following methods: Email: 
[email protected]; 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: Melissa Smith, 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 may 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/TTD callers may dial toll-free (877) 889-
5627 to obtain information or request materials in alternative formats.

SUPPLEMENTARY INFORMATION: 

[[Page 84620]]

    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 of migrant farm 
worker housing. See Public Law 97-470. The 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) requires that the DOL 
make forms available to provide such information. The DOL prints and 
makes optional-use form WH-516, Worker Information--Terms and 
Conditions of Employment.
    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 
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; (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 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 DOL make the optional forms available to provide the required 
disclosures. See 29 U.S.C. 1821(g); 29 CFR 500.1(i)(2).
    II. Review Focus: The Department of Labor 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;
     Enhance the quality, utility, and clarity of the 
information to be collected;
     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;
     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 ensure 
effective administration of various special employment programs.
    Type of Review: Extension.
    Agency: Wage and Hour Division.
    Title: Disclosure to Workers Under the Migrant and Seasonal 
Agricultural Worker Protection Act.
    OMB 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: 105,587.
    Total Annual Responses: 82,418,590.
    Estimated Total Burden Hours: 1,387,565.
    Estimated Time per Response: Various.
    Frequency: On occasion.
    Total Burden Cost (capital/startup/operation/maintenance): 
$3,296,743.60.

    Dated: November 16, 2016.
Melissa Smith,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2016-28265 Filed 11-22-16; 8:45 am]
 BILLING CODE 4510-27-P