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

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

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

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Source location: Title 29, Chapter 20, § 1813; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md

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**(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 institution. (D) Any person who engages in any farm labor contracting activity solely within a twenty-five mile intrastate radius of such person’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, breeding, debeaking, desexing, or health service operation provided the employees of the operation 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 individuals whose principal occupation is not agricultural employment to detassel, rogue, or otherwise engage in the production of seed and to engage in related and incidental agricultural employment, unless such full-time students or other individuals are required to be away from their permanent place of residence overnight or there are individuals under eighteen years of age who are providing transportation on behalf of such person. (ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause. (H) (i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other individuals whose principal occupation is not agricultural employment to string or harvest shade grown tobacco and to engage in related and incidental agricultural employment, unless there are individuals under eighteen years of age who are providing transportation on behalf of such person. (ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause. (I) Any employee of any person described in subparagraphs (A) through (H) when performing farm labor contracting activities exclusively for such person. **(b)** Subchapter I of this chapter does not apply to any agricultural employer or agricultural association or to any employee of such an employer or association.

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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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29 U.S.C. § 141 — Short title; Congressional declaration of purpose and policy

**(a)** This chapter may be cited as the “Labor Management Relations Act, 1947”. **(b)** Industrial strife which interferes with the normal flow of commerce and with the full production of articles and commodities for commerce, can be avoided or substantially minimized if employers, employees, and labor organizations each recognize under law one another’s legitimate rights in their relations with each other, and above all recognize under law that neither party has any right in its relations with any other to engage in acts or practices which jeopardize the public health, safety, or interest.It is the purpose and policy of this chapter, in order to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other, to protect the rights of individual employees in their relations with labor organizations whose activities affect commerce, to define and proscribe practices on the part of labor and management which affect commerce and are inimical to the general welfare, and to protect the rights of the public in connection with labor disputes affecting commerce.

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29 U.S.C. § 141 — Short title; Congressional declaration of

Page 34 TITLE 29—LABOR § 141 Sec. 152. Definitions. 153. National Labor Relations Board. 154. National Labor Relations Board; eligibility for reappointment; officers and employees; payment of expenses. 155. National Labor Relations Board; principal of- fice, conducting inquiries throughout coun- try; participation in decisions or inquiries conducted by member. 156. Rules and regulations. 157. Right of employees as to organization, collec- tive bargaining, etc. 158. Unfair labor practices. 158a. Providing facilities for operations of Federal Credit Unions. 159. Representatives and elections. 160. Prevention of unfair labor practices. 161. Investigatory powers of Board. 162. Offenses and penalties. 163. Right to strike preserved. 164. Construction of provisions. 165. Conflict of laws. 166. Separability. 167. Short title of subchapter. 168. Validation of certificates and other Board ac- tions. 169. Employees with religious convictions; pay- ment of dues and fees. SUBCHAPTER III—CONCILIATION OF LABOR DISPUTES; NATIONAL EMERGENCIES 171. Declaration of purpose and policy. 172. Federal Mediation and Conciliation Service. 173. Functions of Service. 174. Co-equal obligations of employees, their rep- resentatives, and management to minimize labor disputes. 175. National Labor-Management Panel; creation and composition; appointment, tenure, and compensation; duties. 175a. Assistance to plant, area, and industrywide labor management committees. 176. National emergencies; appointment of board of inquiry by President; report; contents; filing with Service. 177. Board of inquiry. 178. Injunctions during national emergency. 179. Injunctions during national emergency; ad- justment efforts by parties during injunc- tio

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

29 U.S.C. § 152 — Definitions

When used in this subchapter— (1) The term “person” includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, trustees in cases under title 11, or receivers. (2) The term “employer” includes any person acting as an agent of an employer, directly or indirectly, but shall not include the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to time, or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization. (3) The term “employee” shall include any employee, and shall not be limited to the employees of a particular employer, unless this subchapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse, or any individual having the status of an independent contractor, or any individual employed as a supervisor, or any individual employed by an employer subject to the Railway Labor Act [[45 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section151&num=0&edition=prelim) et seq.], as amended from time to

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29 U.S.C. § 152 — Definitions

Page 37 TITLE 29—LABOR § 152 pressions, by depressing wage rates and the pur- chasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries. Experience has proved that protection by law of the right of employees to organize and bar- gain collectively safeguards commerce from in- jury, impairment, or interruption, and promotes the flow of commerce by removing certain rec- ognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes aris- ing out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees. Experience has further demonstrated that cer- tain practices by some labor organizations, their officers, and members have the intent or the necessary effect of burdening or obstructing commerce by preventing the free flow of goods in such commerce through strikes and other forms of industrial unrest or through concerted activities which impair the interest of the pub- lic in the free flow of such commerce. The elimi- nation of such practices is a necessary condition to the assurance of the rights herein guaranteed. It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of com- merce and to mitigate and eliminate these ob- structions when they have occurred by encour- aging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-orga- nization, and designation of representatives of their own choosing, for the purpose of negoti- ating the terms

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29 U.S.C. § 1813 — Registration determinations

Page 747 TITLE 29—LABOR § 1813 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 with respect to each such fa- cility 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 avail- able to accept service of summons in any ac- tion against the applicant, if the applicant has left the jurisdiction in which the action is commenced or otherwise has become unavail- able to accept service. (Pub. L. 97–470, title I, § 102, Jan. 14, 1983, 96 Stat. 2587.) Statutory Notes and Related Subsidiaries 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. § 1813. Registration determinations (a) Grounds for refusal to issue or renew, sus- pension, 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 hold- er— (1) has knowingly made any misrepresenta- tion in the application for such certificate; (2) is not the real party in interest in the ap- plication 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 cer- tificate; (3) has failed to comply with this chapter or any regulation under this chapter; (4)

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29 U.S.C. § 213 — Exemptions

**(a) Minimum wage and maximum hour requirements** The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— (1) any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or (2) Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939. (3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33⅓ per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities

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29 U.S.C. § 213 — Exemptions

Page 88 TITLE 29—LABOR § 212 § 212. Child labor provisions (a) Restrictions on shipment of goods; prosecu- tion; conviction No producer, manufacturer, or dealer shall ship or deliver for shipment in commerce any goods produced in an establishment situated in the United States in or about which within thir- ty days prior to the removal of such goods there- from any oppressive child labor has been em- ployed: Provided, That any such shipment or de- livery for shipment of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer, manufac- turer, or dealer that the goods were produced in compliance with the requirements of this sec- tion, and who acquired such goods for value without notice of any such violation, shall not be deemed prohibited by this subsection: And provided further, That a prosecution and convic- tion of a defendant for the shipment or delivery for shipment of any goods under the conditions herein prohibited shall be a bar to any further prosecution against the same defendant for ship- ments or deliveries for shipment of any such goods before the beginning of said prosecution. (b) Investigations and inspections The Secretary of Labor or any of his author- ized representatives, shall make all investiga- tions and inspections under section 211(a) of this title with respect to the employment of minors, and, subject to the direction and control of the Attorney General, shall bring all actions under section 217 of this title to enjoin any act or practice which is unlawful by reason of the ex- istence of oppressive child labor, and shall ad- minister all other provisions of this chapter re- lating to oppressive child labor. (c) Oppressive child labor No employer shall employ any oppressi

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