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