29 U.S.C. § 1801 — Congressional statement of purpose

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 Repealed.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.