[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe09-113]

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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Extension of the Approval of Information Collection
Requirements

ACTION: Notice.

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SUMMARY: The Department of Labor (DOL), 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 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. 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 Employment Standards Administration is soliciting
comments concerning its proposal to extend the Office of Management and
Budget (OMB) approval of the Information Collection: Wage Statement
(WH-501 (English) and WH-501S (Spanish)). A copy of the proposed
information collection request can be obtained by contacting the office
listed below in the ADDRESSES section of this Notice.

DATES: Written comments must be submitted to the office listed in the
addresses section below on or before April 13, 2009.

ADDRESSES: Mr. Steven D. Lawrence, U.S. Department of Labor, 200
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone
(202) 693-0292, fax (202) 693-1451, E-mail Lawrence.Steven@dol.gov.
Please use only one method of transmission for comments (mail, fax, or
E-mail).

SUPPLEMENTARY INFORMATION:
    I. Background: Migrant and Seasonal Agricultural Worker Protection
Act (MSPA) sections 201(d) and 301(c)-29 U.S.C. sections 1821(d),
1831(c) and Regulations 29 CFR 500.80(a), require each farm labor
contractor, agricultural employer and agricultural association that
employs any migrant or seasonal worker (collectively respondents) 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 piecework units
earned, if paid on piecework basis; (3) Number of hours worked; (4)
Total pay period earnings; (5) Specific sums withheld and the purpose
of each sum withheld and (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. In addition, MSPA sections 201(e) and 301(d)
require that each farm labor contractor provide copies of all the
records noted above for the migrant or seasonal agricultural workers
the contractor has furnished to other farm labor contractors,
agricultural employers or agricultural associations who use the
workers. Forms WH-501 (English) and WH-501S (Spanish), MSPA Wage
Statement, are DOL created optional use forms that allow a farm labor
contractor, agricultural employer, or agricultural association to
satisfy the statutory requirement to make, keep, preserve, and disclose
certain payroll records and to provide a statement of earnings listing
the method of payment of wages to migrant and seasonal agricultural
workers and to the users of such workers. This information collection
is currently approved for use through August 31, 2009.
    II. Review Focus: The DOL 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 submissions of responses.
    III. Current Actions: The DOL seeks the approval of the extension
of this information collection in order to ensure parties receive
information required by the MSPA and for the agency to carry out its
responsibilities under the Act.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Title: MSPA Wage Statement.
    OMB Number: 1215-0148.
    Agency Numbers: WH-501 (English) and WD-501S (Spanish).
    Affected Public: Business or other for-profit; Farms.
    Total Respondents: 51,542.
    Total Annual Responses: 42,925,000.
    Estimated Total Burden Hours: 715,417.
    Estimated Time per Response: 1 minute.
    Frequency: On Occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $2,146,250.
    Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.

    Dated: February 4, 2009.
Hazel Bell,
Acting Chief, Branch of Management Review and Internal Control,
Division of Financial Management, Office of Management, Administration
and Planning, Employment Standards Administration.
[FR Doc. E9-2702 Filed 2-9-09; 8:45 am]

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