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