§1803 — Title 29 Labor | U.S. Code

Summary

Certain people and groups do not have to follow the rules in this chapter. People who run a farm or related business only for themselves or an immediate family member are exempt if they do the work only for that operation. People covered by the man-days exemption in section 13(a)(6)(A) of the Fair Labor Standards Act are also exempt. Other exemptions include common carriers that only transport migrant or seasonal farm workers, labor unions, nonprofit charities and schools, and short-term local contractors who work only within 25 miles of home and for no more than 13 weeks a year. Custom combine, hay-harvesting, and sheep-shearing operations are exempt. Some custom poultry operations are exempt if workers are not regularly away from home. People whose main job is not farming who supply full-time students or other nonfarm workers for seed production or tobacco work are exempt unless those workers must stay overnight or under-18s drive them. Employees working only for these exempt persons are exempt too. Subchapter I does not apply to any agricultural employer or agricultural association or to any employee of such an employer or association.

Title 29, §1803

Labor — Source: USLM XML via OLRC

(a)The following persons are not subject to this chapter:

(1)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)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)(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.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

§1803 Applicability of chapter