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29 U.S.C. § 1812 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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
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Source file: Laws/federal/codes/united-states-code/title-29/section-1812-definitions--e5072051f6.md
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Source location: Title 29, Chapter 20, § 1812; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md
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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 Act [[29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.].
(6) The term “farm labor contracting activity” means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker.
(7) The term “farm labor contractor” means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity.
(8)
(A) Except as provided in subparagraph (B), the term “migrant agricultural worker” means an individual who is employed in agricultural 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 agricultural employer or a farm labor contractor; or
(ii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8.
(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 agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence—
(i) when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations; or
(ii) when employed in canning, packing, ginning, seed conditioning or related research, or processing operations, and transported, 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 contractor; or
(iii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 1101(a)(15)(H)(ii)(a) and 1184(c) of title 8.
(11) The term “Secretary” means the Secretary of Labor or the Secretary’s authorized representative.
(12) The term “State” means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1801
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Fair Labor Standards Act of 1938”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Making employment of unauthorized aliens unlawful**
(1) **In general** — It is unlawful for a person or other entity—
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment, or
(B)
(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in [section 1802 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1802&num=0&edition=prelim)), to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements of subsection (b).
(2) **Continuing employment** — It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
(3) **Defense** — A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
(4) **Use of labor through contract** — For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the labor of an alien in the U
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Federal law — U.S. Code and appendices · legal_authorities
Page 746
TITLE 29—LABOR
§ 1811
tural employment, unless such full-time stu-
dents or other individuals are required to be
away from their permanent place of residence
overnight or there are individuals under eight-
een years of age who are providing transpor-
tation on behalf of such person.
(ii) Any person to the extent he is supplied
with students or other individuals for agricul-
tural employment in accordance with clause
(i) of this subparagraph by a person who is ex-
empt under such clause.
(H)(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 string or harvest
shade grown tobacco and to engage in related
and incidental agricultural employment, un-
less there are individuals under eighteen years
of age who are providing transportation on be-
half of such person.
(ii) Any person to the extent he is supplied
with students or other individuals for agricul-
tural employment in accordance with clause
(i) of this subparagraph by a person who is ex-
empt under such clause.
(I) Any employee of any person described in
subparagraphs (A) through (H) when per-
forming farm labor contracting activities ex-
clusively for such person.
(b) Subchapter I of this chapter does not apply
to any agricultural employer or agricultural as-
sociation or to any employee of such an em-
ployer or association.
(Pub. L. 97–470, § 4, Jan. 14, 1983, 96 Stat. 2585.)
Editorial Notes
REFERENCES IN TEXT
That Act, referred to in subsec. (a)(3)(B), is act June
23, 1947, ch. 120, 61 Stat. 136, known as the Labor Man-
agement Relations Act, 1947, which is classified prin-
cipally to chapter 7 (§ 141 et seq.) of this title. For com-
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 1812
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Federal law — U.S. Code and appendices · legal_authorities
Page 62
TITLE 29—LABOR
§ 201
Sec.
215.
Prohibited acts; prima facie evidence.
216.
Penalties.
216a.
Repealed.
216b.
Liability for overtime work performed prior
to July 20, 1949.
217.
Injunction proceedings.
218.
Relation to other laws.
218a.
Repealed.
218b.
Notice to employees.
218c.
Protections for employees.
218d.
Breastfeeding accommodations in the work-
place.
219.
Separability.
§ 201. Short title
This chapter may be cited as the ‘‘Fair Labor
Standards Act of 1938’’.
(June 25, 1938, ch. 676, § 1, 52 Stat. 1060.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–328, div. KK, § 101, Dec. 29, 2022, 136 Stat.
6093, provided that: ‘‘This division [enacting section
218d of this title, amending sections 207, 215, and 216 of
this title and section 20168 of Title 49, Transportation,
and enacting provisions set out as notes under sections
207, 215, and 218d of this title and section 20168 of Title
49] may be cited as the ‘Providing Urgent Maternal
Protections for Nursing Mothers Act’ or the ‘PUMP for
Nursing Mothers Act’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–28, title VIII, § 8101, May 25, 2007, 121 Stat.
188,
provided
that:
‘‘This
subtitle
[subtitle
A
(§§ 8101–8104) of title VIII of Pub. L. 110–28, amending
section 206 of this title, repealing sections 205 and 208
of this title, and enacting provisions set out as notes
under section 206 of this title] may be cited as the ‘Fair
Minimum Wage Act of 2007’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–202, § 1, May 18, 2000, 114 Stat. 308, provided
that: ‘‘This Act [amending section 207 of this title and
enacting provisions set out as notes under section 207
of this title] may be cited as the ‘Worker Economic Op-
portunity Act’.’’
SHORT
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a)** “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons.
**(b)** “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof.
**(c)** “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States.
**(d)** “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
**(e)**
(1) Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
(2) In the case of an individual employed by a public agency, such term means—
(A) any individual employed by the Government of the United States—
(i) as a civilian in the military departments (as defined in [section 102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section102&num=0&edition=prelim)),
(ii) in any executive agency (as defined in section 105 of such title),
(iii) in any unit of the judicial branch of the Government which has positions in the competitive service,
(iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces,
(v) in the Library of Congress, or
(vi) the 11 So in original. Probably should be preceded by “in”. Government Publishing Office;
(B) any individual employed by the United States Postal Service or the Postal Regulatory Commi
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Federal law — U.S. Code and appendices · legal_authorities
Page 63
TITLE 29—LABOR
§ 203
1 So in original. Probably should be preceded by ‘‘in’’.
§ 202. Congressional finding and declaration of
policy
(a) The Congress finds that the existence, in
industries engaged in commerce or in the pro-
duction of goods for commerce, of labor condi-
tions detrimental to the maintenance of the
minimum standard of living necessary for
health, efficiency, and general well-being of
workers (1) causes commerce and the channels
and instrumentalities of commerce to be used to
spread and perpetuate such labor conditions
among the workers of the several States; (2) bur-
dens commerce and the free flow of goods in
commerce; (3) constitutes an unfair method of
competition in commerce; (4) leads to labor dis-
putes burdening and obstructing commerce and
the free flow of goods in commerce; and (5)
interferes with the orderly and fair marketing of
goods in commerce. That Congress further finds
that the employment of persons in domestic
service in households affects commerce.
(b) It is declared to be the policy of this chap-
ter, through the exercise by Congress of its
power to regulate commerce among the several
States and with foreign nations, to correct and
as rapidly as practicable to eliminate the condi-
tions above referred to in such industries with-
out substantially curtailing employment or
earning power.
(June 25, 1938, ch. 676, § 2, 52 Stat. 1060; Oct. 26,
1949, ch. 736, § 2, 63 Stat. 910; Pub. L. 93–259, § 7(a),
Apr. 8, 1974, 88 Stat. 62.)
Editorial Notes
AMENDMENTS
1974—Subsec. (a). Pub. L. 93–259 inserted finding of
Congress that employment of persons in domestic serv-
ice in households affects commerce.
1949—Subsec. (b). Act Oct. 26, 1949, inserted reference
to regulation of commerce with foreign nations.
Statut
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 203
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