Title 29LaborRelease 119-73not60

§1803 Applicability of Chapter

Title 29 › Chapter 20— MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION › § 1803

Last updated Apr 5, 2026|Official source

Summary

Does not cover lots of people and groups who do farm labor contracting. People who work only for their own farm or a family member’s farm are not covered, even if they formed a business. People who fit the Fair Labor Standards Act "man‑days" exemption are not covered. A carrier is not covered if its only farm role is moving migrant or seasonal workers. Labor unions, nonprofit charities, and nonprofit schools are not covered. People who do contracting only within 25 miles of home and for 13 weeks or less a year are not covered. Custom combine, hay‑harvesting, and sheep‑shearing operations are not covered. Certain custom poultry operations are not covered if workers are not regularly required to be away from home past normal work hours. People whose main job is not farming who supply full‑time students or other non‑farm workers to do seed work (like detasseling or rogueing) or to string or harvest shade‑grown tobacco are not covered, and the people they supply are also not covered, unless the workers must stay overnight away from home or persons under 18 are providing transportation. Employees of any of the above exempt persons are also not covered when they do contracting work only for that exempt person. Subchapter I does not apply to any agricultural employer or agricultural association, or to employees of such an employer or association.

Full Legal Text

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.
(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 1803

Title 29Labor

Last Updated

Apr 5, 2026

Release point: 119-73not60