Migrant and Seasonal Agricultural Worker Protection Act Wage Statement

Forms and Documents

Document Name	Status
Form WH-501S Wage Statement Form and Instruction	Modified
1215-0148ss(4-27-2009).doc Supporting Statement A	2009-04-27

IC Document Collections

IC ID	Document Title	Status
43807	Wage Statement Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0009	ICR Reference No: 201003-1235-009
Status: Historical Active	Previous ICR Reference No: 200606-1215-005
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Migrant and Seasonal Agricultural Worker Protection Act Wage Statement
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/12/2010
	Date Received in OIRA: 03/12/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2012	36 Months From Approved
Responses	42,925,000	0	41,344,000
Time Burden (Hours)	715,417	0	689,067
Cost Burden (Dollars)	2,146,250	0	0

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Abstract: 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.

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Authorizing Statute(s): US Code: 29 USC 1821(d), 1831(c) Name of Law: Migrant and Seasonal Agricultural Worker Protection Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 6660	02/10/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 23207	05/18/2009
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Wage Statement	WH-501, WH-501S	Ley de Proteccion de los Obreros Migratorios y Estacionales Agricolas, Diario De D?as Trabajados ,   Migrant and Seasonal Agricultural Worker Protection Act Wage Statement

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	42,925,000	41,344,000	0	0	1,581,000	0
Annual Time Burden (Hours)	715,417	689,067	0	0	26,350	0
Annual Cost Burden (Dollars)	2,146,250	0	0	0	2,146,250	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $1,750

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 05/18/2009

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