Page:United States Statutes at Large Volume 80 Part 1.djvu/868

 832

"Elementary school." "Secondary school."

PUBLIC LAW 89-601-SEPT. 23, 1966

"Employee."

STAT.

"(2) is engaged in laundering, cleaning, or repairing clothing or fabrics; "(3) is engaged in the business of construction or reconstruction, or both; or "(4) is engaged in the operation of a hospital, an institution primarily engaged in the care of the sick, the aged, the mentally ill or defective who reside on the premises of such institution, a school for mentally or physically handicapped or gifted children, an elementary or secondary school, or an institution of higher education (regardless of whether or not such hospital, institution, or school is public or private or operated for pront or not for profit). Any establishment which has as its only regular employees the owner thereof or the parent, spouse, child, or other member of the immediate family of such owner shall not be considered to be an enterprise engaged in commerce or in the production of goods for commerce or a part of such an enterprise, and the sales of such establishment shall not be included for the purpose of determining the annual gross volume of sales of any enterprise for the purpose of this subsection." (d) Section 3 of such Act is amended by adding after subsection (u) (added by section 103(b) of this Act) the following new subsections: " (v) 'Elementary school' means a day or residential school which provides elementary education, as determined under State law. " (w) 'Secondary school' means a day or residential school which provides secondary education, as determined under State law." AGRICULTURAL

52 Stat. 1060. 29 USC 203.

[80

EMPLOYEES

SEC. 103. (a) Section 3(e) of such Act is amended to read as follows: "(e) 'Employee' includes any individual employed by an employer, except that such term shall not, for the purposes of section 3(u) include— "(1) any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer's immediate family, or "(2) any individual who is employed by an employer engaged in agriculture if such individual (A) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarilv and generally recognized as having been, paid on a piece rate basis in the region of employment, (B) commutes daily from his permanent residence to the farm on which he is so employed, and (C) has been employed in agriculture less than thirteen weeks during the preceding calendar year."

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