Submission for OMB Review: Comment Request, 72760-72761 [E7-24810]

Agencies

• Office of the Secretary
• DEPARTMENT OF LABOR

[Federal Register Volume 72, Number 245 (Friday, December 21, 2007)]
[Notices]
[Pages 72760-72761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24810]


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DEPARTMENT OF LABOR

Office of the Secretary


Submission for OMB Review: Comment Request

December 17, 2007.
    The Department of Labor (DOL) hereby announces the submission of 
the following public information collection requests (ICR) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 
U.S.C. chapter 35). A copy of each ICR, with applicable supporting 
documentation; including among other things a description of the likely 
respondents, proposed frequency of response, and estimated total burden 
may be obtained from the RegInfo.gov Web site at https://
www.reginfo.gov/public/do/PRAMain or by contacting Darrin King on 202-
693-4129 (this is not toll-free number) / e-mail: king.darrin@dol.gov.
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: Carolyn Lovett, OMB Desk Officer for the Employment 
Standards Administration (ESA), Office of Management and Budget, Room 
10235, Washington, DC 20503, Telephone: 202-395-7316 / Fax: 202-395-
6974 (these are not a toll-free numbers), e-mail: OIRA_
submission@omb.eop.gov within 30 days from the date of this publication 
in the Federal Register. In order to ensure the appropriate 
consideration, comments should reference the OMB Control Number (see 
below).
    The OMB 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 submission of responses.
    Agency: Employment Standards Administration.

[[Page 72761]]

    Type of Review: Extension without change of currently approved 
collection.
    Title of Collection: Request for Information on Earnings, Dual 
Benefits, Dependents and Third Part Settlements.
    OMB Control Number: 1215-0151.
    Agency Form Number: CA-1032.
    Estimated Number of Annual Respondents: 50,000.
    Estimated Total Annual Burden Hours: 16,667.
    Total Estimated Annual Cost Burden: $22,000.
    Affected Public: Individuals or households.
    Description: In accordance with 20 CFR 10.528, DOL periodically 
requires each employee who is receiving compensation benefits to 
complete an affidavit as to any work, or activity indicating an ability 
to work, which the employee has performed for the prior 15 months. If 
an employee who is required to file such a report fails to do so within 
30 days of the date of the request, his or her right to compensation 
for wage loss under 5 U.S.C. 8105 or 8106 is suspended until DOL 
receives the requested report.
    The information collected through the Form CA-1032 is used to 
ensure that compensation being paid is correct. Without this 
information, claimants might receive compensation to which they were 
not entitled, resulting in an overpayment of compensation. For 
additional information, see related notice published on August 29, 2007 
at 72 FR 49737.
    Agency: Employment Standards Administration.
    Type of Review: Extension without change of currently approved 
collection.
    Title of Collection: Worker Information--Terms and Conditions of 
Employment.
    OMB Control Number: 1215-0187.
    Agency Form Numbers: WH-516 and WH-516-Espanol.
    Estimated Number of Annual Respondents: 129,250.
    Estimated Total Annual Burden Hours: 77,550.
    Total Estimated Annual Cost Burden: $93,060.
    Affected Public: Private Sector: Farms.
    Description: 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: (1) Migrant agricultural 
workers at the time of recruitment [MSPA section 201(a)]; (2) seasonal 
agricultural workers, upon request, at the time an offer of employment 
is made [MSPA section 301(a)(1)]; and (3) seasonal agricultural workers 
employed through a day-haul operation at the place of recruitment [MSPA 
section 301(a)(2)]. See 29 CFR 500.75-.76. Moreover, MSPA sections 
201(b) and 301(b) require respondents to provide each migrant worker, 
upon request, with a written statement of the terms and conditions of 
employment. See 29 CFR 500.75(d). MSPA sections 201(g) and 301(f) 
require providing such information in English or, as necessary and 
reasonable, in a language common to the workers and that the U.S. 
Department of Labor (DOL) make forms available to provide such 
information. The DOL prints and makes Optional 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(a)(8) and 301(a)(1)(H) require disclosure of 
certain information regarding whether State workers' compensation or 
state unemployment insurance is provided to each migrant or seasonal 
agricultural worker. See 29 CFR 500.75(b)(6). For example, if State 
workers' compensation is provided, the respondents must disclose the 
name of the State workers' compensation insurance carrier, the name of 
the policyholder of such insurance, the name and the telephone number 
of each person who must be notified of an injury or death, and the time 
period within which this notice must be given. See 29 CFR 
500.75(b)(6)(i). Respondents may also meet this disclosure requirement, 
by providing the worker with a photocopy of any notice regarding 
workers' compensation insurance required by law of the state in which 
such worker is employed. See 29 CFR 500.75 (b)(6)(ii).
    The Form WH-516 is an optional form that allows respondents to 
disclose employment terms and conditions in writing to migrant and 
seasonal agricultural workers, as required by the MSPA. Respondents may 
either complete the optional form and use it to make the required 
disclosures to workers or use the form as a written reflection of the 
information workers may request from employers under the MSPA. 
Disclosure of the information on this form is beneficial to both 
parties in that it enables workers to understand their employment terms 
and conditions, while also providing respondents with an easy way to 
disclose the information required by the MSPA and its regulations. For 
additional information, see related notice published on September 12, 
2007 at 72 FR 52166.

Darrin A. King,
Acting Departmental Clearance Officer.
 [FR Doc. E7-24810 Filed 12-20-07; 8:45 am]
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