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

submitted 43 years ago by Pub. L. 97-470 to r/title-29-LABOR · 565 words · no verdicts yet

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This chapter does not cover listed family businesses, certain small businesses, specified carriers and organizations, limited local operations, custom agricultural operations, certain student-supply operations, or employees working exclusively for exempt persons. Subchapter I also does not cover agricultural employers, associations, or their employees.

(a) The following people are not subject to this chapter: (1) Family business exemption. An individual who performs farm-labor-contracting work for a farm, processing or seed-conditioning establishment, cannery, gin, packing shed, or nursery owned or operated only by that individual or an immediate family member, if the work is only for that operation and only by that individual or family member. This applies whether or not the individual incorporated or otherwise organized the business. (2) Small business exemption. A person other than a farm labor contractor for whom the Fair Labor Standards Act section 13(a)(6)(A) man-days exemption for agricultural labor applies. (3) Other exemptions: (A) a common carrier that would be a farm labor contractor only because it transports migrant or seasonal agricultural workers; (B) a labor organization as defined in the cited federal or applicable State labor-relations law; (C) a nonprofit charitable organization or nonprofit public or private educational institution; (D) a person whose farm-labor-contracting work is only within a 25-mile intrastate radius of the person’s permanent home and lasts no more than 13 weeks each year; (E) a custom combine, hay-harvesting, or sheep-shearing operation; (F) a custom poultry-harvesting, breeding, debeaking, desexing, or health-service operation if its employees are not regularly required to be away from home except during normal work hours; (G)(i) a person whose main occupation or business is not agricultural employment who supplies full-time students or others whose main occupation is not agricultural employment to detassel, rogue, or otherwise produce seed and do related incidental agricultural work, unless they must stay away from home overnight or someone under 18 transports them for that person; (ii) a person to the extent supplied with such students or others by a person exempt under clause (i); (H)(i) a nonagricultural person supplying such students or others to string or harvest shade-grown tobacco and do related incidental agricultural work, unless someone under 18 transports them for that person; (ii) a person to the extent supplied under clause (i) by an exempt person; and (I) an employee of a person in (A) through (H) while doing farm-labor-contracting work only for that person. (b) Subchapter I does not apply to an agricultural employer, agricultural association, or employee of either.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (Pub. L. 97–470, § 4, Jan. 14, 1983, 96 Stat. 2585.)

history & why it existsrecord from the source credit

1983Enacted · Pub. L. 97-470 · 96 Stat. 2585

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-470 on 1983-01-14.

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