§ 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.