(a) For each protective statute, ESA, OSHA, and the Office of the
Solicitor (SOL) shall regularly collect statistical data reflecting
their enforcement efforts on a regional and national basis
and shall submit such data quarterly to the National and Regional
Committees. Fourth quarter data shall be accompanied by annual
summaries. These submissions shall include at least the data items
specified in this section. The data collected will provide a basis for
coordination of enforcement of the protection statutes.
(b) The statistical data submitted by ESA on FLCRA enforcement shall
include: (1) Total compliance actions covered by the Act, showing total
farm labor contractor (FLC) actions, total farm labor contractor
employee (FLCE) actions, total User actions, total concurrent FLSA
actions, and total actions with noncompliance; (2) total types of
assignments (JS complaint, other complaint, employers of undocumented
workers); (3) total types of compliance actions (conciliation, full
investigation, follow-up investigation, other); (4) total compliance
hours expended; (5) total crew workers affected; (6) total violations by
categories and type of violation (FLC, FLCE, User); (7) total compliance
actions in which civil money penalties (CMPs) are assessed and total
amount assessed; (8) total compliance actions in which CMPs are
collected and total amount collected.
(c) The Wage-Hour Division shall submit the following statistical
data on FLSA enforcement with respect to employees working within the
categories of Agriculture, Agricultural Products, and Agricultural
Services, etc., and various subcategories of each of these three major
categories: (1) Total number of completed investigations; (2) total
hours spent in conducting investigations; (3) number of employees found
underpaid (total, under minimum wage provisions, under overtime
provisions); (4) amount of underpayment found (total, under minimum wage
provisions, under overtime provisions); (5) total number of employees to
whom income was restored; and (6) total amount of money restored.
(d) OSHA's migrant farmworker enforcement statistical data shall be
submitted for each region on a state-by-state basis, including OSHA
State Plan States, and shall include: (1) Number of complaints received
and number of inspections conducted in response; (2) number of referrals
received and number of inspections conducted in response; (3) number of
programmed or directed inspections, (4) number of violations found by
type of violation (serious, willful, repeat and other than serious); (5)
total number of employees affected by inspections; (6) approximate total
hours spent on migrant camp inspections; (7) number of inspections for
which penalties were proposed and amount proposed; (8) number of
inspections for which penalties were collected and amount collected.
(e) The SOL shall submit statistical data on farm labor-related
enforcement efforts under each protective statute which shall include:
(1) Total cases received by SOL; (2) actions taken on cases (settled,
referred to ALJ, civil actions filed, referrals to U.S. Attorney); and
(3) results of cases (including injunctions and license revocations and
denials).
(f) Complaint Response Data--ESA and OSHA shall submit annually a
summary of aging data for their respective migrant farmworker-related
activities under FLCRA, FLSA and OSHA respectively, showing aging from
receipt of a complaint or completion of an investigation until referral
to SOL or other final action by the enforcement agency. The Office of
the Solicitor shall submit similar data showing aging of matters between
receipt by SOL of a case and the completion of some responsive action on
the case. Where available, OSHA shall submit data showing the average
length of time between receipt of a complaint and the completion of the
action taken in response to the complaint. Where available, ESA shall
submit data showing complaints received, complaints on hand, and number
of actions completed based on complaints.
(g) The National Committee shall review the data collection systems
of ESA, OSHA and SOL, as they pertain to farm labor enforcement, and
recommend any necessary changes to the subagencies.
