(a) 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.
(b) 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. That exemption applies to
an agricultural employer who did not, during any calendar quarter of the
preceding calendar year, use more man-days of agricultural labor than
the limit specified under that statute.
(1) Currently the limit for exemption is 500 man-days.
(2) A man-day means any day during which an employee performs
agricultural labor for not less than one (1)
hour. Agricultural labor performed by an employer's parent, spouse,
child, or other member of his immediate family, i.e., step-children,
foster children, step-parents and foster parents, brothers, and sisters
is not counted as man-days.
(3) The man-days of agricultural labor rendered in a joint
employment relationship are counted toward the man-days of such labor of
each employer for purposes of the man-day test of this exemption.
(c) Common carriers. 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. A ``common carrier'' by motor vehicle is one which
holds itself out to the general public to engage in transportation of
passengers for hire, whether over regular or irregular routes, and which
holds a valid certificate of authorization for such purposes from an
appropriate local, State or Federal agency.
(d) Labor organizations. 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.
(e) Nonprofit charitable organizations. Any nonprofit charitable
organization or public or private nonprofit educational institution.
(f) Local short-term contracting activity. 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.
(1) Twenty-five mile intrastate radius as used in section 4(a)(3)(D)
of the Act means that engagement in a farm labor contracting activity
may not go beyond a twenty-five mile intrastate geographical radius.
Once this limit is transcended, the exemption no longer applies and the
person becomes subject to the requirements of the Act. If, for example,
a person or his employee solicits workers from a distance greater than
twenty-five miles from his permanent residence or from across a State
line, then the person has engaged in a named activity outside of the
permitted scope of the exemption, and is subject to the requirements of
the Act. A person who uses lines of communication (such as U.S. Mail,
telephone, or advertising) to recruit, solicit, hire, or furnish workers
over a distance greater than twenty-five miles from his permanent
residence or from across a State line for agricultural employment is
also engaged in a named activity beyond the specified limit of the
exemption and is subject to the Act. In the case of a corporation its
permanent place of residence for these purposes shall be a single
designated location.
(2) For not more than thirteen weeks per year as used in section
4(a)(3)(D) of the Act means that farm labor contracting activities may
not be engaged in for more than thirteen weeks in a year. This does not
mean, however,
that persons who engage in intrastate and short-range farm labor
contracting activities are exempt for the first thirteen weeks of their
farm labor contracting activities each year. The number of weeks of
contracting activity during the prior year is also a factor. When the
limit of weeks for the exemption is exceeded in a calendar year, the
person is subject immediately to the Act and is also presumed subject to
the Act in the next calendar year, unless it can be shown that the tests
of section 4(a)(3)(D) are met.
(g) Custom combine. Any custom combine, hay harvesting, or sheep
shearing operation. Custom combine, hay harvesting, and sheep shearing
operation means the agricultural services and activities involved in
combining grain, harvesting hay and shearing sheep which are provided to
a farmer on a contract basis by a person who provides the necessary
equipment and labor and who specializes on providing such services and
activities.
(h) Custom poultry operations. 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.
(i) Seed production exemption. (1) 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.
(2) Any person to the extent he is supplied with students or other
individuals for agricultural employment in accordance with paragraph
(i)(1) of this section by a person who is exempt thereunder.
(j) Shade grown tobacco. (1) 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.
(2) Any person to the extent he is supplied with students or other
individuals for agricultural employment is accordance with paragraph
(j)(1) of this section by a person who is exempt thereunder.
(k) Employees of exempt employers. Any employee of any person
described in paragraphs (c) through (j) of this section when performing
farm labor contracting activities within the scope of such exemptions
and exclusively for such person.