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§ 1803. —  Applicability of chapter.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 29USC1803]

 
                             TITLE 29--LABOR
 
     CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
 
Sec. 1803. Applicability of chapter

    (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)) 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)) (without regard to 
    the exclusion of agricultural employees in that Act [29 U.S.C. 141 
    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.

(Pub. L. 97-470, Sec. 4, Jan. 14, 1983, 96 Stat. 2585.)

                       References in Text

    That Act, referred to in subsec. (a)(3)(B), is act June 23, 1947, 
ch. 120, 61 Stat. 136, as amended, known as the Labor Management 
Relations Act, 1947, which is classified principally to chapter 7 
(Sec. 141 et seq.) of this title. For complete classification of this 
Act to the Code, see section 141 of this title and Tables.



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