Agency Information Collection Activities; Comment Request; Information Collections: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act, 15100-15101 [2023-04884]

Agencies

• Wage and Hour Division
• DEPARTMENT OF LABOR

[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15100-15101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04884]


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DEPARTMENT OF LABOR

Wage and Hour Division


Agency Information Collection Activities; Comment Request; 
Information Collections: Disclosures 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 (PRA). 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 revise 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 May 9, 2023.

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: Robert Waterman, Division of 
Regulations, Legislation, and Interpretation, Wage and Hour, 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). Alternative formats are available upon request by calling 
1-866-487-9243. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services.

SUPPLEMENTARY INFORMATION: 
    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

[[Page 15101]]

of migrant farm worker housing. See Public Law 97-470. 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) 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 
(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)--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 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. 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 to 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 Department make the 
optional forms available to provide the required disclosures. See 29 
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)--29 U.S.C. 1821(c) and regulations 29 CFR 
500.75(f)-(g), require each Farm Labor Contractor, Agricultural 
Employer, and Agricultural Association 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. The provision also requires that the Department make the 
optional forms available to provide the required disclosures. See 29 
U.S.C. 1821(c); 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 revision of this information collection in order to ensure 
effective administration of the Migrant and Seasonal Agricultural 
Worker Protection Act.
    Type of Review: Revision.
    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.

    Dated: March 6, 2023.
Amy DeBisschop,
Director, Division of Regulations, Legislation, and Interpretation.
[FR Doc. 2023-04884 Filed 3-9-23; 8:45 am]
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