U.S. Code » Title 29 » Chapter CHAPTER 20— MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION

29 U.S.C. § 1802

Definitions

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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.)Editorial NotesReferences in Text

That Act, referred to in par. (5), is act June 25, 1938, ch. 676, 52 Stat. 1060, 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 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Pars. (8)(B)(ii), (10)(B)(iii). Pub. L. 99–603 substituted “1101(a)(15)(H)(ii)(a)” for “1101(a)(15)(H)(ii)”.

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Pub. L. 99–603, title I, § 101(b)(2), Nov. 6, 1986, 100 Stat. 3372, as amended by Pub. L. 100–525, § 2(a)(2), Oct. 24, 1988, 102 Stat. 2610, provided that: “The amendments made by paragraph (1) [amending this section and sections 1813 and 1851 of this title and repealing section 1816 of this title] shall apply to the employment, recruitment, referral, or utilization of the services of an individual occurring on or after the first day of the seventh month beginning after the date of the enactment of this Act [Nov. 6, 1986]; except that if the provisions of section 274A of the Immigration and Nationality Act [8 U.S.C. 1324a] are terminated as of a date under [former] subsection (l) of such section, then such amendments shall no longer apply as of such date.” [The provisions of section 1324a of Title 8, Aliens and Nationality, were not terminated under subsection (l) of section 1324a, and that subsection was repealed by Pub. L. 104–208.]

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

Notes of Decisions
Cited in 90 cases (4 in the last 5 years), 1983–2026 · leading case: Bacilio Ruiz Torres v. Mercer Canyons Inc., 835 F.3d 1125 (9th Cir. 2016).
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Bacilio Ruiz Torres v. Mercer Canyons Inc., 835 F.3d 1125 (9th Cir. 2016). “See 29 U.S.C. § 1802 (2), (5); Wash. Rev. Code § 49.”
Llacua v. W. Range Ass'n, 930 F.3d 1161 (10th Cir. 2019). · cites it 2× “See 29 U.S.C. §§ 1802 , 1821, 1822 ; 20 C.F.R.”
Malacara v. Garber, 353 F.3d 393 (5th Cir. 2003). “” 29 U.S.C. § 1802 (6). If a non-family member performs any labor contracting activity, that “spoils” an agricultural employer’s claim to the exemption.”
Charles v. Burton, 169 F.3d 1322 (11th Cir. 1999). · cites it 6× “203(1); 29 U.S.C. § 1802 (2). An entity "employs" a person under the AWPA and the FLSA if it "suffers or permits" the individual to work.”
Dagoberto Morante-Navarro v. T&Y Pine Straw, Inc., 350 F.3d 1163 (11th Cir. 2003). · cites it 4× “29 U.S.C. § 1802 (3). Thus, the AWPA encompasses three possible definitions for agricultural employment: (1) employment within the provisions of section 3(f) of the FLSA, 29 U.”
Rodriguez Ex Rel. Rodriguez v. Berrybrook Farms, Inc., 672 F. Supp. 1009 (W.D. Mich. 1987). · cites it 4× “Defendants argue that they are excluded under 29 U.S.C. § 1802 (7) which excludes agricultural employers, agricultural associations or their employees from its definition of farm labor contractors.”
Escobar v. Baker, 814 F. Supp. 1491 (W.D. Wash. 1993). · cites it 6× “29 U.S.C. § 1802 (7). The term “farm labor contracting activity” means “recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker.”
Castillo v. Case Farms of Ohio, Inc., 96 F. Supp. 2d 578 (W.D. Tex. 1999). · cites it 5× “29 U.S.C. § 1802 (6). Case Farms clearly provided ATC valuable consideration, in the form of $8.”
Caro-Galvan v. Curtis Richardson, Inc., 993 F.2d 1500 (11th Cir. 1993). · cites it 8× “” 29 U.S.C. § 1802 (8)(A). We believe that, based on the evidence presented during appellants’ case in chief, appellants satisfy both elements.”
In Re Margarito Reyes, 814 F.2d 168 (5th Cir. 1987). · cites it 2× “The statute covers “an individual” employed in agricultural work, AWPA, 29 U.S.C. § 1802 (8)(A), unless the aliens involved are in that class of aliens referred to as “H-2” workers, as defined under 8 U.”
Soto v. McLean, 20 F. Supp. 2d 901 (E.D.N.C. 1998). · cites it 8× “29 U.S.C. § 1802 (8)(A). Defendants argue that plaintiffs were not required to be absent overnight from their permanent place of residence while employed by defendants.”
Avila v. A. Sam & Sons, 856 F. Supp. 763 (W.D.N.Y. 1994). · cites it 5× “29 U.S.C. § 1802 (3). A. Migrant Worker Status Section 1802(8) (A) of the AWPA defines “migrant agricultural worker” as “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…”
Show all 90 citing cases →
— 29 U.S.C. § 1802(2) — 1 case
Ricketts v. Vann, 32 F.3d 71 (4th Cir. 1994).
— 29 U.S.C. § 1802(6) — 1 case
Jose Flores v. Reyes Rios & Gibsonburg Canning Co., 36 F.3d 507 (6th Cir. 1994).
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