The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires each farm labor contractor, agricultural employer and agricultural association that employs any migrant or seasonal worker to make, keep, and preserve certain wage records for three years for each such worker and to provide an itemized written statement of this information to each migrant and seasonal agricultural worker each pay period. In addition, the MSPA requires 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. Except for the worker, the recipient of such records is to retain them for a period of three years.
US Code:
29 USC 1821(d), 1831(c)
Name of Law: Migrant and Seasonal Agricultural Worker Protection Act
Changes in the anticipated burdens for this information collection result from adjustments made in DOL estimates for this information collection. These estimate adjustments stem from a revised methodology that better accounts for third-party disclosures made for recordkeeping purposes and updated information that affects the estimated number of responses. Specifically, the DOL now estimates the number of respondents based on adding the number of FLCs and the number of farms of fifty or more acres that employ migrant agricultural workers. Prior estimates were based purely on the number of farms with fifty or more acres. These changes account for a reduction of 1,334,322 respondents, from 1,385,864 to 51,542. A second reason for the revised estimates is that updated USDA data have resulted in the DOL revising the number of workers who receive MSPA statements. In addition, prior efforts to quantify the burden did not separately state the disclosures FLCs make to other users of migrant and seasonal agricultural workers. These two reasons result in an increase in the number of 1,581,000 responses, up from 41,344,000 to 42,925,000 responses. They also account for the 26,350 burden hour increase, up from 689,067 to 715,417 hours. Finally, prior efforts to quantify respondent burden did not separately account for paper costs needs for making required disclosures. These costs are estimated to be $2,146,250.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form WH-501S Wage Statement
1215-0148ss(4-27-2009).doc
Wage Statement