[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48271-48272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17369]
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DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Disclosures to Workers Under the Migrant and
Seasonal Agricultural Worker Protection Act
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Wage and Hour
Division (WHD)-sponsored information collection request (ICR) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act of 1995 (PRA). Public
comments on the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before September 9, 2020.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Anthony May by telephone at 202-693-
4129 (this is not a toll-free number) or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Comments are invited on: (1) Whether the
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (2) if the information will be processed and
used in a timely manner; (3) the accuracy of the agency's estimates of
the burden and cost of the collection of information, including the
validity of the methodology and assumptions used; (4) ways to enhance
the quality, utility and clarity of the information collection; and (5)
ways to minimize the burden of the collection of information on those
who are to respond, including the use of automated collection
techniques or other forms of information technology.
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
[[Page 48272]]
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 Sec. 201(g) and Sec. 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 Sec. 201(d) and Sec. 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 Sec. 201(e) and
Sec. 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. Sec.
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. For additional substantive
information about this ICR, see the related notice published in the
Federal Register on January 16, 2020 (85 FR 2760).
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB approves it and displays a currently valid
OMB Control Number. In addition, notwithstanding any other provisions
of law, no person shall generally be subject to penalty for failing to
comply with a collection of information that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-WHD.
Title of Collection: Disclosures to Workers Under the Migrant and
Seasonal Agricultural Worker Protection Act.
OMB Control Number: 1235-0002.
Affected Public: Private Sector: Businesses or other for-profits
and farms.
Total Estimated Number of Respondents: 94,729.
Total Estimated Number of Responses: 71,338,888.
Total Estimated Annual Time Burden: 1,202,228 hours.
Total Estimated Annual Other Costs Burden: $2,853,555.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Dated: August 4, 2020.
Anthony May,
Management and Program Analyst.
[FR Doc. 2020-17369 Filed 8-7-20; 8:45 am]
BILLING CODE 4510-27-P