AN ACTTo provide for the protection of migrant and seasonal agricultural workers and for the registration of contractors of migrant and seasonal agricultural labor and for other purposesBe it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

short title; table of contents Section 1. This Act, together with the following table of contents, may be cited as the “Migrant and Seasonal Agricultural Worker Protection Act”. TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Application of Act. TITLE I—FARM LABOR CONTRACTORS Sec. 101. Certificate of registration required. Sec. 102. Issuance of certificate of registration. Sec. 103. Registration determinations. Sec. 104. Transfer or assignment; expiration; renewal. Sec. 105. Notice of address change; amendment of certificate of registration. TITLE II—MIGRANT AGRICULTURAL WORKER PROTECTIONS Sec. 201. Information and recordkeeping requirements. Sec. 202. Wages, supplies, and other working arrangements. Sec. 203. Safety and health of housing. TITLE III—SEASONAL AGRICULTURAL WORKER PROTECTIONS Sec. 301. Information and recordkeeping requirements. Sec. 302. Wages, supplies, and other working arrangements. TITLE IV—FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS Sec. 401. Motor vehicle safety. Sec. 402. Confirmation of registration. Sec. 403. Information on employment conditions. Sec. 404. Compliance with written agreements. TITLE V—GENERAL PROVISIONS Part A—Enforcement Provisions Sec. 501. Criminal sanctions. Sec. 502. Judicial enforcement. Sec. 503. Administrative sanctions. Sec. 504. Private right of action. Sec. 505. Discrimination prohibited. Sec. 506. Waiver of rights. Part B—Administrative Regulations Sec. 511. Rules and regulations. Sec. 512. Authority to obtain information. Sec. 513. Agreements with Federal and State agencies. Part C—Miscellaneous Provisions Sec. 521. State laws and regulations. Sec. 522. Transition provision. Sec. 523. Repealer. Sec. 524. Effective date. [29 U.S.C. 1801 nt] Enacted January 14, 1983, P.L. 97–470, sec. 1, 96 Stat. 2583.

purpose Sec. 2. It is the purpose of this Act 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.[29 U.S.C. 1801] Enacted January 14, 1938, P.L. 97–470, sec. 2, 96 Stat. 2584.

definitions Sec. 3. As used in this Act— (1) The term “agricultural association” means 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” means 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” means 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 the handling, planting, 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 “day-haul operation” means the assembly of workers at a pick-up point waiting to be hired and employed, transportation of such workers to agricultural employment, and the return of such workers to a drop-off point on the same day. (5) The term “employ” has 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” means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker. (7) The term “farm labor contractor” means 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 consideration paid or promised to be paid, performs any farm labor contracting activity. (8)(A) Except as provided in subparagraph (B), the term “migrant agricultural worker” means 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. (B) The term “migrant agricultural worker” does not include— (i) any immediate family member of an agricultural employer or a farm labor contractor; or (ii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and Nationality Act. (9) The term “person” means any individual, partnership, association, joint stock company, trust, cooperative, or corporation. (10)(A) Except as provided in subparagraph (B), the term “seasonal agricultural worker” means 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 day-haul operation. (B) The term “seasonal agricultural worker” does not include— (i) any migrant agricultural worker; (ii) any immediate family member of an agricultural employer or a farm labor contractor; or (iii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and Nationality Act. (11) The term “Secretary” means the Secretary of Labor or the Secretary's authorized representative. (12) The term “State” means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam. [29 U.S.C. 1802] Enacted January 14, 1983, P.L. 97–470, sec. 3, 96 Stat. 2584; amended November 6, 1986, P.L. 99–603, sec. 101(b)(1)(A), 100 Stat. 3372.

applicability of act Sec. 4. (a) The following persons are not subject to this Act: (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) 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) Title I of this Act does not apply to any agricultural employer or agricultural association or to any employee of such an employer or association. [29 U.S.C. 1803] Enacted January 14, 1983, P.L. 97–470, sec. 4, 96 Stat. 2585.