Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act

Forms and Documents

Document Name	Status
Form WH-521 English/Spa Housing Terms and Conditions for Migrant Agricultural Workers Form and Instruction	Modified
Form WH-501 English Migrant and Seasonal Agricultural Worker Protection Wage Statement Form	Modified
Form WH-516 Spanish Worker Information - Terms and Conditions of Employment Form and Instruction	Modified
SS1235-0002 20200624.docx Supporting Statement A	2020-08-10
30-day FRN (1235-0002) published.pdf Supplementary Document	2020-08-10
60-day FRN (1235-0002) published.pdf Supplementary Document	2020-08-10
wh521_Tracked Changes 2.docx Supplementary Document	2020-06-24
wh516_Tracked Changes.docx Supplementary Document	2020-06-24
Census of Agriculture 2017.pdf Supplementary Document	2020-06-21
60-day FR notice 1235-0002 85 FR 2760 20200116.pdf Supplementary Document	2020-01-16
Census of Agriculture 2017 Table 7.pdf Supplementary Document	2020-01-02
NAWS_Research_Report_13.pdf Supplementary Document	2020-01-02

IC Document Collections

IC ID	Document Title	Status
195676	Housing Terms and Conditions for Migrant Agricultural Workers Form and Instruction	Modified
195675	Migrant and Seasonal Agricultural Worker Protection Wage Statement Form	Modified
13905	Worker Information - Terms and Conditions of Employment Form and Instruction	Modified

ICR Details

OMB Control No: 1235-0002	ICR Reference No: 202001-1235-002
Status: Active	Previous ICR Reference No: 201701-1235-002
Agency/Subagency: DOL/WHD	Agency Tracking No:
Title: Disclosures to Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/21/2020
	Date Received in OIRA: 08/10/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	09/30/2020
Responses	71,338,888	0	82,429,923
Time Burden (Hours)	1,202,228	0	1,387,659
Cost Burden (Dollars)	2,853,555	0	3,296,744

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Abstract: Agricultural employers, associations and farm labor contractors use this information collection to disclose employment terms and conditions, wage statements, and housing terms and conditions to migrant/seasonal agricultural workers, to comply with the Migrant Seasonal Agricultural Worker Protection Act.

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Authorizing Statute(s): US Code: 29 USC 1821 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:
	85 FR 2760	01/16/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 48271	08/10/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Worker Information - Terms and Conditions of Employment	WH-516 Spanish, WH-516 Haitian Creole, WH-516 English	Worker Information - Terms and Conditions of Employment ,   Worker Information - Terms and Conditions of Employment ,   Worker Information - Terms and Conditions of Employment
Housing Terms and Conditions for Migrant Agricultural Workers	WH-521 English/Spanish	Housing Terms and Conditions
Migrant and Seasonal Agricultural Worker Protection Wage Statement	WH-501 English, WH-501S Espanol	MSPA Wage Statement ,   Departmento De Trabajas De Los EE UU

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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	71,338,888	82,429,923	0	0	-11,091,035	0
Annual Time Burden (Hours)	1,202,228	1,387,659	0	0	-185,431	0
Annual Cost Burden (Dollars)	2,853,555	3,296,744	0	0	-443,189	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: The burden and cost decrease is attributed to the reduced number of farms and the reduced number of farm workers.

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Annual Cost to Federal Government: $61,111

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

Is this ICR related to the Pandemic Response? No

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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: 08/10/2020

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