Page:United States Statutes at Large Volume 96 Part 2.djvu/1223

 PUBLIC LAW 97-470—JAN. 14, 1983

96 STAT. 2585

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) and 214(c) of the Immigration and Nationality Act. ^SA^ ^^^^' (9) The term "person" means any individual, partnership, ^^^^• association, joint stock company, trust, cooperative, or corporation. (lOXA) 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)(15XHXii) 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. APPLICABILITY OP ACT

SEC. 4. (a) The following persons are not subject to this Act: 29 USC 1803. (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.

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