First. I will outline the provisions of the bill by way of a sectionbysection analysis. SECTIONBYSEcTION ANALYsIs Section l.-This section provides the table of contents for this Act and that the Act may be cited as the "Migrant and Seasonal Agricultural Worker Protection Act". Section 2.-This section states that the purpose of this Act is to remove the restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers. to require farm labor contractors to register under this Act. and to assure necessary protections for migrant and seasonal agricultural workers. agricultural associations. and agricultural employers. Section 3.-This section provides for the definitions of terms to be used for the purpose of this Act. (1) The term "agricultural association" is defined as "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" is defined as "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" is defined as "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 the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) and handling. planning. 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 "dayhaul operation" is defined as "the assembly of workers at a pickup point waiting to be hired and employed. transportation of such workers to agricultural employment. and the return of such workers to a dropoff point on the same day." (5) The term "employ" is defined as "having 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." (6) The term "farm labor contracting activity" is defined as "recruiting. soliciting. hiring. employing. furnishing. or transporting any migrant or seasonal agricultural worker." (7) The term "farm labor contractor" is defined as "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 consideraton paid or promised to be paid. performs any farm labor contracting activity." (8) The term "migrant agricultural worker" is defined as "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." Specifically excluded from the definition of a migrant agricultural worker are any immediate family member of an agricultural employer or a farm labor contractor and any temporary nonimmigrant agricultural H2 alien worker. (9) The term "person" is defined as "any individual. partnership. association. joint stock company. trust. cooperative. or corporation." (10) The term "seasonal agricultural worker" is defined as "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 dayhaul operation." Specifically excluded from the definition of a seasonal agricultural worker are any migrant agricultural worker. any immediate family member of an agricultural employer or a farm labor contractor. and any temporary noninimigrant agricultural H2 alien worker. (11) The term "Secretary" is defined as "the Secretary of Labor or the Secretarys authorized representative." (12) The term "State" is defined to include "any of the States of the United States. the District of Columbia. the Virgin Islands. the Commonwealth of Puerto Rico. and Guam." Section 4.-This section addresses the applicability of this Act and specifically excludes certain persons. Subsection (a) enumerates the persons who are not subject to this Act. (1) The family business exemption applies to 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) The small business exemption applies to any person. other than a farm labor contractor. for whom the mandays 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 include(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) 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 twentyfive mile intrastate radius of such persons 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 employment other than during their normal working hours. (G) Any person whose principal occupation or business is not agricultural employment. when supplying fulltime 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 fulltime 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. The exemption is further extended to certain persons to the extent that they are supplied with the specified workers. (H) Any person whose principal occupation or business is not agricultural employment. when supplying fulltime 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. The exemption is further extended to certain persons to the extent that they are supplied with the specified workers. (I) Any employee of any person described in subparagraphs (A) through (H) when performing farm labor contracting activities exclusively for such person.
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migrant Migrant