But future workers and attorneys may not be so lucky if this vastly broadened provision becomes law. A second change proposed by the Senator from Oklahoma is one which would extend an exemption from the act to most agricultural nonprofit associations and cooperatives. These entities have been held to be acting as middlemen farm labor contractors when they supply migrants for the harvest of crops on different individual growers farms. The basis for these decisions is the "solely for own operation" test that is part of the "personal" exemption for employers. The courts have ruled that if such an operation does not possess lawful title to the crops. it is not acting solely for its own operation when migrant workers are furnished to the owners farm for harvest work. The amendments would allow a complete exemption for all such cooperatives and nonprofit agricultural associations and their employees. The latter exemption for their employees presents the same problems that I have already discussed.
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migrant migrants