Page 715 TITLE 29—LABOR § 1801

Sec.

(b) Administrative review procedures applicable.

(c) Judicial review procedures applicable.

1814. Transfer or assignment; expiration; renewal.

(a) Transfer or assignment prohibited.

(b) Expiration; renewals.

1815. Notice of address change; amendment of certificate of registration.

1816. Repealed.

SUBCHAPTER II—MIGRANT AGRICULTURAL

WORKER PROTECTIONS

1821. Information and recordkeeping requirements.

(a) Written disclosure requirements imposed upon recruiters.

(b) Posting requirements imposed upon

employers.

(c) Posting or notice requirements imposed upon housing providers.

(d) Recordkeeping and information requirements imposed upon employers.

(e) Furnishing of records by farm labor

contractor; maintenance of records

by recipient.

(f) Prohibition on knowingly providing

false or misleading information to

workers.

(g) Form and language requirements.

1822. Wages, supplies, and other working arrangements.

(a) Payment of wages.

(b) Purchase of goods or services by

worker.

(c) Violation of terms of working arrangement.

1823. Safety and health of housing.

(a) Compliance with substantive Federal

and State safety and health standards.

(b) Certification that applicable safety

and health standards met; posting

of certificate of occupancy; retention of certificate and availability

for inspection and review; occupancy prior to inspection.

(c) Applicability to providers of housing

on a commercial basis to the general public.

SUBCHAPTER III—SEASONAL AGRICULTURAL

WORKER PROTECTIONS

1831. Information and recordkeeping requirements.

(a) Written disclosure requirements imposed upon recruiters.

(b) Posting requirements imposed upon

employers.

(c) Recordkeeping and information requirements imposed upon employers.

(d) Furnishing of records by farm labor

contractor; maintenance of records

by recipient.

(e) Prohibition on knowingly providing

false or misleading information to

workers.

(f) Form and language requirements.

1832. Wages, supplies, and other working arrangements.

(a) Payment of wages.

(b) Purchase of goods or services by

worker.

(c) Violation of terms of working arrangement.

SUBCHAPTER IV—FURTHER PROTECTIONS FOR

MIGRANT AND SEASONAL AGRICULTURAL

WORKERS

1841. Motor vehicle safety.

Sec.

(a) Mode of transportation subject to

coverage.

(b) Applicability of standards, licensing,

and insurance requirements; promulgation of regulations for standards; criteria, etc., for regulations;

amount of insurance required.

(c) Adjustments of insurance requirements in the event of workers’ compensation coverage.

(d) Time for promulgation of regulations

for standards implementing requirements; revision of standards.

1842. Confirmation of registration.

1843. Information on employment conditions.

1844. Compliance with written agreements.

(a) Applicability to contracting activity

or worker protection.

(b) Statutory liability.

SUBCHAPTER V—GENERAL PROVISIONS

PART A—ENFORCEMENT PROVISIONS

1851. Criminal sanctions.

(a) Violations of chapter or regulations.

(b) Violations of section 1324a(a) of title

8.

1852. Judicial enforcement.

(a) Injunctive relief.

(b) Control of civil litigation.

1853. Administrative sanctions.

(a) Civil money penalties for violations;

criteria for assessment.

(b) Administrative review.

(c) Judicial review.

(d) Failure to pay assessment; maintenance of action.

(e) Payment of penalties into Treasury of

United States.

1854. Private right of action.

(a) Maintenance of civil action in district

court by aggrieved person.

(b) Appointment of attorney and commencement of action.

(c) Award of damages or other equitable

relief; amount; criteria; appeal.

(d) Workers’ compensation benefits; exclusive remedy.

(e) Expansion of statutory damages.

(f) Tolling of statute of limitations.

1855. Discrimination prohibited.

(a) Prohibited activities.

(b) Proceedings for redress of violations.

1856. Waiver of rights.

PART B—ADMINISTRATIVE PROVISIONS

1861. Rules and regulations.

1862. Authority to obtain information.

(a) Investigation and inspection authority concerning places, records, etc.

(b) Attendance and testimony of witnesses, and production of evidence;

subpena authority.

(c) Prohibited activities.

1863. Agreements with Federal and State agencies.

(a) Scope of agreements.

(b) Delegation of authority pursuant to

written State plan.

PART C—MISCELLANEOUS PROVISIONS

1871. State laws and regulations.

1872. Transition provision.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 26 section 3306.

§ 1801. Congressional statement of purpose

It is the purpose of this chapter to remove the

restraints on commerce caused by activities det-
§ 1802 TITLE 29—LABOR Page 716

rimental to migrant and seasonal agricultural

workers; to require farm labor contractors to

register under this chapter; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural associations,

and agricultural employers.

(Pub. L. 97–470, §2, Jan. 14, 1983, 96 Stat. 2584.)

EFFECTIVE DATE

Section 524 of Pub. L. 97–470 provided in part that:

‘‘The provisions of this Act [enacting this chapter and

repealing chapter 52 (§2041 et seq.) of Title 7, Agriculture] shall take effect ninety days from the date of

enactment [Jan. 14, 1983].’’

SHORT TITLE

Section 1 of Pub. L. 97–470 provided in part that this

Act [enacting this chapter and repealing chapter 52

(§2041 et seq.) of Title 7, Agriculture] may be cited as

the ‘‘Migrant and Seasonal Agricultural Worker Protection Act’’.

§ 1802. Definitions

As used in this chapter—

(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 title 26 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 [29 U.S.C. 201 et seq.].

(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 1101(a)(15)(H)(ii)(a) and 1184(c) of title

8.

(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 1101(a)(15)(H)(ii)(a) and 1184(c) of title

8.

(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.

(Pub. L. 97–470, §3, Jan. 14, 1983, 96 Stat. 2584;

Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 99–603, title I, §101(b)(1)(A), Nov. 6, 1986,

100 Stat. 3372.)

REFERENCES IN TEXT

That Act, referred to in par. (5), is act June 25, 1938,

ch. 676, 52 Stat. 1060, as amended, known as the Fair

Labor Standards Act of 1938, which is classified generally to chapter 8 (§201 et seq.) of this title. For complete classification of this Act to the Code, see section

201 of this title and Tables.

AMENDMENTS

1986—Par. (3). Pub. L. 99–514 substituted ‘‘Internal

Revenue Code of 1986’’ for ‘‘Internal Revenue Code of