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U.S. Code as of:
01/19/04
Section 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.
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