§ 1802. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC1802]
TITLE 29--LABOR
CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
Sec. 1802. 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)), or
section 3121(g) of title 26 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)) for the purposes of implementing the requirements of that
Act [29 U.S.C. 201 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.
(Pub. L. 97-470, Sec. 3, Jan. 14, 1983, 96 Stat. 2584; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-603, title I,
Sec. 101(b)(1)(A), Nov. 6, 1986, 100 Stat. 3372.)
References in Text
That Act, referred to in par. (5), is act June 25, 1938, ch. 676, 52
Stat. 1060, as amended, known as the Fair Labor Standards Act of 1938,
which is classified generally to chapter 8 (Sec. 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)''.
Effective Date of 1986 Amendment
Section 101(b)(2) of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 2(a)(2), Oct. 24, 1988, 102 Stat. 2610, provided that: ``The
amendments made by paragraph (1) [amending this section and sections
1813 and 1851 of this title and repealing section 1816 of this title]
shall apply to the employment, recruitment, referral, or utilization of
the services of an individual occurring on or after the first day of the
seventh 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.]
Section Referred to in Other Sections
This section is referred to in section 1831 of this title; title 8
section 1324a.
