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. See29 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. See29 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. See29 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. See29 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:

• 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 ( printed 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.

91 FR 59807