29 U.S.C. § 1802 — Definitions

Page 744 TITLE 29—LABOR § 1801 CHAPTER 20—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Sec. 1801. Congressional statement of purpose. 1802. Definitions. 1803. Applicability of chapter. SUBCHAPTER I—FARM LABOR CONTRACTORS 1811. Certificate of registration required. 1812. Issuance of certificate of registration. 1813. Registration determinations. 1814. Transfer or assignment; expiration; renewal. 1815. Notice of address change; amendment of cer- tificate of registration. 1816. Repealed. SUBCHAPTER II—MIGRANT AGRICULTURAL WORKER PROTECTIONS 1821. Information and recordkeeping requirements. 1822. Wages, supplies, and other working arrange- ments. 1823. Safety and health of housing. SUBCHAPTER III—SEASONAL AGRICULTURAL WORKER PROTECTIONS 1831. Information and recordkeeping requirements. 1832. Wages, supplies, and other working arrange- ments. SUBCHAPTER IV—FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS 1841. Motor vehicle safety. 1842. Confirmation of registration. 1843. Information on employment conditions. 1844. Compliance with written agreements. SUBCHAPTER V—GENERAL PROVISIONS PART A—ENFORCEMENT PROVISIONS 1851. Criminal sanctions. 1852. Judicial enforcement. 1853. Administrative sanctions. 1854. Private right of action. 1855. Discrimination prohibited. 1856. Waiver of rights. PART B—ADMINISTRATIVE PROVISIONS 1861. Rules and regulations. 1862. Authority to obtain information. 1863. Agreements with Federal and State agencies. PART C—MISCELLANEOUS PROVISIONS 1871. State laws and regulations. 1872. Transition provision. § 1801. Congressional statement of purpose It is the purpose of this chapter to remove the restraints on commerce caused by activities det- rimental to migrant and seasonal agricultural workers; to require farm labor contractors to register under this chapter; and to assure nec- essary protections for migrant and seasonal ag- ricultural workers, agricultural associations, and agricultural employers. (Pub. L. 97–470, § 2, Jan. 14, 1983, 96 Stat. 2584.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 97–470, title V, § 524, Jan. 14, 1983, 96 Stat. 2600, provided in part that: ‘‘The provisions of this Act [en- acting this chapter and repealing chapter 52 (§ 2041 et seq.) of Title 7, Agriculture] shall take effect ninety days from the date of enactment [Jan. 14, 1983].’’ SHORT TITLE Pub. L. 97–470, § 1, Jan. 14, 1983, 96 Stat. 2584, provided in part that this Act [enacting this chapter and repeal- ing chapter 52 (§ 2041 et seq.) of Title 7, Agriculture] may be cited as the ‘‘Migrant and Seasonal Agricul- tural Worker Protection Act’’. § 1802. Definitions As used in this chapter— (1) The term ‘‘agricultural association’’ means any nonprofit or cooperative associa- tion of farmers, growers, or ranchers, incor- porated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or sea- sonal agricultural worker. (2) The term ‘‘agricultural employer’’ means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solic- its, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. (3) The term ‘‘agricultural employment’’ means employment in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or section 3121(g) of title 26 and the handling, planting, drying, packing, pack- aging, processing, freezing, or grading prior to delivery for storage of any agricultural or hor- ticultural commodity in its unmanufactured state. (4) The term ‘‘day-haul operation’’ means the assembly of workers at a pick-up point waiting to be hired and employed, transpor- tation of such workers to agricultural employ- ment, and the return of such workers to a drop-off point on the same day. (5) The term ‘‘employ’’ has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) for the purposes of implementing the require- ments of that Act [29 U.S.C. 201 et seq.]. (6) The term ‘‘farm labor contracting activ- ity’’ means recruiting, soliciting, hiring, em- ploying, furnishing, or transporting any mi- grant or seasonal agricultural worker. (7) The term ‘‘farm labor contractor’’ means any person, other than an agricultural em- ployer, an agricultural association, or an em- ployee of an agricultural employer or agricul- tural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting ac- tivity. (8)(A) Except as provided in subparagraph (B), the term ‘‘migrant agricultural worker’’ means an individual who is employed in agri- cultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence. (B) The term ‘‘migrant agricultural worker’’ does not include— (i) any immediate family member of an ag- ricultural employer or a farm labor con- tractor; or (ii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sec- tions 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8. Page 745 TITLE 29—LABOR § 1803 (9) The term ‘‘person’’ means any individual, partnership, association, joint stock company, trust, cooperative, or corporation. (10)(A) Except as provided in subparagraph (B), the term ‘‘seasonal agricultural worker’’ means an individual who is employed in agri- cultural employment of a seasonal or other temporary nature and is not required to be ab- sent overnight from his permanent place of residence— (i) when employed on a farm or ranch per- forming field work related to planting, culti- vating, or harvesting operations; or (ii) when employed in canning, packing, ginning, seed conditioning or related re- search, or processing operations, and trans- ported, or caused to be transported, to or from the place of employment by means of a day-haul operation. (B) The term ‘‘seasonal agricultural worker’’ does not include— (i) any migrant agricultural worker; (ii) any immediate family member of an agricultural employer or a farm labor con- tractor; or (iii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sec- tions 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8. (11) The term ‘‘Secretary’’ means the Sec- retary of Labor or the Secretary’s authorized representative. (12) The term ‘‘State’’ means any of the States of the United States, the District of Co- lumbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. (Pub. L. 97–470, § 3, Jan. 14, 1983, 96 Stat. 2584; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99–603, title I, § 101(b)(1)(A), Nov. 6, 1986, 100 Stat. 3372.) Editorial Notes REFERENCES IN TEXT That Act, referred to in par. (5), is act June 25, 1938, ch. 676, 52 Stat. 1060, known as the Fair Labor Stand- ards Act of 1938, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. AMENDMENTS 1986—Par. (3). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Pars. (8)(B)(ii), (10)(B)(iii). Pub. L. 99–603 substituted ‘‘1101(a)(15)(H)(ii)(a)’’ for ‘‘1101(a)(15)(H)(ii)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–603, title I, § 101(b)(2), Nov. 6, 1986, 100 Stat. 3372, as amended by Pub. L. 100–525, § 2(a)(2), Oct. 24, 1988, 102 Stat. 2610, provided that: ‘‘The amendments made by paragraph (1) [amending this section and sec- tions 1813 and 1851 of this title and repealing section 1816 of this title] shall apply to the employment, re- cruitment, referral, or utilization of the services of an individual occurring on or after the first day of the sev- enth month beginning after the date of the enactment of this Act [Nov. 6, 1986]; except that if the provisions of section 274A of the Immigration and Nationality Act [8 U.S.C. 1324a] are terminated as of a date under [former] subsection (l) of such section, then such amendments shall no longer apply as of such date.’’ [The provisions of section 1324a of Title 8, Aliens and Nationality, were not terminated under subsection (l) of section 1324a, and that subsection was repealed by Pub. L. 104–208.] EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1803. Applicability of chapter (a) The following persons are not subject to this chapter: (1) FAMILY BUSINESS EXEMPTION.—Any indi- vidual who engages in a farm labor con- tracting activity on behalf of a farm, proc- essing establishment, seed conditioning estab- lishment, cannery, gin, packing shed, or nurs- ery, which is owned or operated exclusively by such individual or an immediate family mem- ber of such individual, if such activities are performed only for such operation and exclu- sively by such individual or an immediate family member, but without regard to whether such individual has incorporated or otherwise organized for business purposes. (2) SMALL BUSINESS EXEMPTION.—Any person, other than a farm labor contractor, for whom the man-days exemption for agricultural labor provided under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)) is applicable. (3) OTHER EXEMPTIONS.—(A) Any common carrier which would be a farm labor con- tractor solely because the carrier is engaged in the farm labor contracting activity of transporting any migrant or seasonal agricul- tural worker. (B) Any labor organization, as defined in sec- tion 2(5) of the Labor Management Relations Act (29 U.S.C. 152(5)) (without regard to the ex- clusion of agricultural employees in that Act [29 U.S.C. 141 et seq.]) or as defined under ap- plicable State labor relations law. (C) Any nonprofit charitable organization or public or private nonprofit educational insti- tution. (D) Any person who engages in any farm labor contracting activity solely within a twenty-five mile intrastate radius of such per- son’s permanent place of residence and for not more than thirteen weeks per year. (E) Any custom combine, hay harvesting, or sheep shearing operation. (F) Any custom poultry harvesting, breed- ing, debeaking, desexing, or health service op- eration provided the employees of the oper- ation are not regularly required to be away from their permanent place of residence other than during their normal working hours. (G)(i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other in- dividuals whose principal occupation is not ag- ricultural employment to detassel, rogue, or otherwise engage in the production of seed and to engage in related and incidental agricul-