29 U.S.C. § 1803 — Applicability of chapter

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- 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- plete classification of this Act to the Code, see section 141 of this title and Tables. 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. SUBCHAPTER I—FARM LABOR CONTRACTORS § 1811. Certificate of registration required (a) Persons engaged in any farm labor con- tracting activity No person shall engage in any farm labor con- tracting activity, unless such person has a cer- tificate of registration from the Secretary speci- fying which farm labor contracting activities such person is authorized to perform. (b) Hire, employ, or use of any individual to per- form farm labor contracting activities by farm labor contractor; liability of farm labor contractor for violations A farm labor contractor shall not hire, em- ploy, or use any individual to perform farm labor contracting activities unless such indi- vidual has a certificate of registration, or a cer- tificate of registration as an employee of the farm labor contractor employer, which author- izes the activity for which such individual is hired, employed, or used. The farm labor con- tractor shall be held responsible for violations of this chapter or any regulation under this chap- ter by any employee regardless of whether the employee possesses a certificate of registration based on the contractor’s certificate of registra- tion. (c) Possession and exhibition of certificate Each registered farm labor contractor and reg- istered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registra- tion and, upon request, shall exhibit that certifi- cate 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 et seq.), known as the Wagner-Peyser Act, shall be de- nied to any farm labor contractor upon refusal or failure to produce, when asked, a certificate of registration. (Pub. L. 97–470, title I, § 101, Jan. 14, 1983, 96 Stat. 2587.) Editorial Notes REFERENCES IN TEXT The Wagner-Peyser Act, referred to in subsec. (d), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables. 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. § 1812. Issuance of certificate of registration The Secretary, after appropriate investigation and approval, shall issue a certificate of reg- istration (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 perma- nent place of residence, the farm labor con- tracting activities for which the certificate is requested, and such other relevant informa- tion 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 sec- tion 1841 of this title with respect to each such vehicle; (3) a statement identifying each facility or real property to be used to house any migrant