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29 U.S.C. § 1801 — Agreements with Federal and State agencies

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1801 — Agreements with Federal and State agencies

**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section. **(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which— (1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and (2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.

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Stable record: federal_law:legal_authorities:record_usc_4e314df7bce49a716d8aed18
Source file: Laws/federal/codes/united-states-code/title-29/section-1801-agreements-with-federal-and-state-agencies--358c1e7a02.md
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Passage SHA-256: abbe6f2515b467022035c612eb6beee097d532451d12f13d4815990bd7c5de0c

Source location: Title 29, Chapter 20, § 1801; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md

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**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section. **(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which— (1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and (2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7109 — Strengthening prosecution and punishment of traffickers

**(a) Omitted** **(b) Amendment to the Sentencing Guidelines** (1) Pursuant to its authority under [section 994 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim) and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the trafficking of persons including component or related crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in furtherance of trafficking, and the Fair Labor Standards Act [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [[29 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1801&num=0&edition=prelim) et seq.]. (2) In carrying out this subsection, the Sentencing Commission shall— (A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses described in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses; (B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines applicable to peonage, involuntary servitude, and slave trade offenses; and (C) consider providing sentencing enhancements for those convicted of the offenses described in paragraph (1) of this subsection that— (i) involve a large number of victims; (ii) involve a pattern of continued and flagran

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3306 — Definitions

**(a) Employer** For purposes of this chapter— (1) **In general** — The term “employer” means, with respect to any calendar year, any person who— (A) during any calendar quarter in the calendar year or the preceding calendar year paid wages of $1,500 or more, or (B) on each of some 20 days during the calendar year or during the preceding calendar year, each day being in a different calendar week, employed at least one individual in employment for some portion of the day. For purposes of this paragraph, there shall not be taken into account any wages paid to, or employment of, an employee performing domestic services referred to in paragraph (3). (2) **Agricultural labor** — In the case of agricultural labor, the term “employer” means, with respect to any calendar year, any person who— (A) during any calendar quarter in the calendar year or the preceding calendar year paid wages of $20,000 or more for agricultural labor, or (B) on each of some 20 days during the calendar year or during the preceding calendar year, each day being in a different calendar week, employed at least 10 individuals in employment in agricultural labor for some portion of the day. (3) **Domestic service** — In the case of domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, the term “employer” means, with respect to any calendar year, any person who during any calendar quarter in the calendar year or the preceding calendar year paid wages in cash of $1,000 or more for such service. (4) **Special rule** — A person treated as an employer under paragraph (3) shall not be treated as an employer with respect to wages paid for any service other than domestic service referred to in paragraph (3) unless such person is treated as an

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1802 — State laws and regulations

This chapter is intended to supplement State law, and compliance with this chapter shall not excuse any person from compliance with appropriate State law and regulation.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1803 — Transition provision

The Secretary may deny a certificate of registration to any farm labor contractor, as defined in this chapter, who has a judgment outstanding against him under the Farm Labor Contractor Registration Act of 1963 ([7 U.S.C. 2041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2041&num=0&edition=prelim) et seq.), or is subject to a final order of the Secretary under that Act assessing a civil money penalty which has not been paid. Any findings under the Farm Labor Contractor Registration Act of 1963 may also be applicable to determinations of willful and knowing violations under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1812 — Definitions

As used in this chapter— (1) The term “agricultural association” means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal 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, solicits, 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/f&num=0&edition=prelim)), or [section 3121(g) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3121/g&num=0&edition=prelim) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural 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, transportation of such workers to agricultural employment, 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/g&num=0&edition=prelim)) for the purposes of implementing the requirements of that Ac

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1812

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1813 — Applicability of chapter

**(a)** The following persons are not subject to this chapter: (1) **Family business exemption.—** — Any individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or nursery, which is owned or operated exclusively by such individual or an immediate family member of such individual, if such activities are performed only for such operation and exclusively 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section213/a/6/A&num=0&edition=prelim)) is applicable. (3) **Other exemptions.—** (A) Any common carrier which would be a farm labor contractor solely because the carrier is engaged in the farm labor contracting activity of transporting any migrant or seasonal agricultural worker. (B) Any labor organization, as defined in section 2(5) of the Labor Management Relations Act ([29 U.S.C. 152(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section152/5&num=0&edition=prelim)) (without regard to the exclusion of agricultural employees in that Act [[29 U.S.C. 141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section141&num=0&edition=prelim) et seq.]) or as defined under applicable State labor relations law. (C) Any nonprofit charitable organization or public or private nonprofit educational institutio

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1814 — Certificate of registration required

**(a) Persons engaged in any farm labor contracting activity** No person shall engage in any farm labor contracting activity, unless such person has a certificate of registration from the Secretary specifying which farm labor contracting activities such person is authorized to perform. **(b) Hire, employ, or use of any individual to perform farm labor contracting activities by farm labor contractor; liability of farm labor contractor for violations** A farm labor contractor shall not hire, employ, or use any individual to perform farm labor contracting activities unless such individual has a certificate of registration, or a certificate of registration as an employee of the farm labor contractor employer, which authorizes the activity for which such individual is hired, employed, or used. The farm labor contractor shall be held responsible for violations of this chapter or any regulation under this chapter by any employee regardless of whether the employee possesses a certificate of registration based on the contractor’s certificate of registration. **(c) Possession and exhibition of certificate** Each registered farm labor contractor and registered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registration and, upon request, shall exhibit that certificate to all persons with whom they intend to deal as a farm labor contractor or farm labor contractor employee. **(d) Refusal or failure to produce certificate** The facilities and the services authorized by the Act of June 6, 1933 ([29 U.S.C. 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim) et seq.), known as the Wagner-Peyser Act, shall be denied to any farm labor contractor upon refus

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1814

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1815 — Issuance of certificate of registration

The Secretary, after appropriate investigation and approval, shall issue a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) to any person who has filed with the Secretary a written application containing the following: (1) a declaration, subscribed and sworn to by the applicant, stating the applicant’s permanent place of residence, the farm labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require; (2) a statement identifying each vehicle to be used to transport any migrant or seasonal agricultural worker and, if the vehicle is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with the requirements of [section 1841 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1841&num=0&edition=prelim) with respect to each such vehicle; (3) a statement identifying each facility or real property to be used to house any migrant agricultural worker and, if the facility or real property is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with [section 1823 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1823&num=0&edition=prelim) with respect to each such facility or real property; (4) a set of fingerprints of the applicant; and (5) a declaration, subscribed and sworn to by the applicant, consenting to the designation by a court of the Secretary as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in which the action is commenced or otherwise has become unavailable to acce

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1816 — Registration determinations

**(a) Grounds for refusal to issue or renew, suspension, or revocation of certificate** In accordance with regulations, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) if the applicant or holder— (1) has knowingly made any misrepresentation in the application for such certificate; (2) is not the real party in interest in the application or certificate of registration and the real party in interest is a person who has been refused issuance or renewal of a certificate, has had a certificate suspended or revoked, or does not qualify under this section for a certificate; (3) has failed to comply with this chapter or any regulation under this chapter; (4) has failed— (A) to pay any court judgment obtained by the Secretary or any other person under this chapter or any regulation under this chapter or under the Farm Labor Contractor Registration Act of 1963 [[7 U.S.C. 2041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2041&num=0&edition=prelim) et seq.] or any regulation under such Act, or (B) to comply with any final order issued by the Secretary as a result of a violation of this chapter or any regulation under this chapter or a violation of the Farm Labor Contractor Registration Act of 1963 or any regulation under such Act; (5) has been convicted within the preceding five years— (A) of any crime under State or Federal law relating to gambling, or to the sale, distribution or possession of alcoholic beverages, in connection with or incident to any farm labor contracting activities; or (B) of any felony under State or Federal law involving robbery, bribery, extortion, embezzlement, grand larceny,

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1821 — Transfer or assignment; expiration; renewal

**(a) Transfer or assignment prohibited** A certificate of registration may not be transferred or assigned. **(b) Expiration; renewals** (1) Unless earlier suspended or revoked, a certificate shall expire twelve months from the date of issuance, except that (A) certificates issued under this chapter during the period beginning December 1, 1982, and ending November 30, 1983, may be issued for a period of up to twenty-four months for the purpose of an orderly transition to registration under this chapter, (B) a certificate may be temporarily extended by the filing of an application with the Secretary at least thirty days prior to its expiration date, and (C) the Secretary may renew a certificate for additional twelve-month periods or for periods in excess of twelve months but not in excess of twenty-four months. (2) Eligibility for renewals for periods of more than twelve months shall be limited to farm labor contractors who have not been cited for a violation of this chapter, or any regulation under this chapter, or the Farm Labor Contractor Registration Act of 1963 [[7 U.S.C. 2041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2041&num=0&edition=prelim) et seq.], or any regulation under such Act, during the preceding five years.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1821

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