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

29 U.S.C. § 1803

Applicability of chapter

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(a) The following persons are not subject to this chapter:(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.(3)Other exemptions.—(A) 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.(B) 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 [29 U.S.C. 141 et seq.]) or as defined under applicable State labor relations law.(C) Any nonprofit charitable organization or public or private nonprofit educational institution.(D) 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.(E) Any custom combine, hay harvesting, or sheep shearing operation.(F) 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.(G)(i) 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.(ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause.(H)(i) 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.(ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause.(I) Any employee of any person described in subparagraphs (A) through (H) when performing farm labor contracting activities exclusively for such person.(b) Subchapter I of this chapter does not apply to any agricultural employer or agricultural association or to any employee of such an employer or association.(Pub. L. 97–470, § 4, Jan. 14, 1983, 96 Stat. 2585.)Editorial NotesReferences in Text

That Act, referred to in subsec. (a)(3)(B), is act June 23, 1947, ch. 120, 61 Stat. 136, known as the Labor Management Relations Act, 1947, which is classified principally to chapter 7 (§ 141 et seq.) of this title. For complete classification of this Act to the Code, see section 141 of this title and Tables.

Statutory Notes and Related SubsidiariesEffective 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 21 cases, 1986–2014 · leading case: Malacara v. Garber, 353 F.3d 393 (5th Cir. 2003).
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Malacara v. Garber, 353 F.3d 393 (5th Cir. 2003). “29 U.S.C. § 1803 (a)(1). The term “farm labor contracting activity” is defined as one of six types of acts: “recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker.”
Jose Flores v. Reyes Rios & Gibsonburg Canning Co., 36 F.3d 507 (6th Cir. 1994). · cites it 5× “This case involves the proper interpretation of 29 U.S.C. § 1803 (a)(1), which exempts family farms from regulations generally applied to agricultural employers under the Migrant and Seasonal Agricultural Worker Protection Act (“AWPA”), 29 U.”
Crispin Calderon, on Behalf of Themselves & All Others Similarly Situated v. Jim Witvoet, Sr., Doing Bus. as J & B Vegetables, 999 F.2d 1101 (7th Cir. 1993). · cites it 2× “The principal question on this appeal is whether the Witvoet family is entitled to the exemption that § 4(a)(1) of the AWPA, 29 U.S.C. § 1803 (a)(1), provides for family farms.”
Aviles v. Kunkle, 765 F. Supp. 358 (S.D. Tex. 1991). · cites it 3× “2 The Family Business Exemption of the AWPA At trial, Defendant Donald Kunkle contended that Kunkle Farms was not subject to the provisions of the AWPA since it fell within the family business exemption contained in 29 U.S.C. § 1803 (a)(1). This section exempts “(a)ny individual…”
Bueno v. Mattner, 829 F.2d 1380 (6th Cir. 1987). · cites it 4× “Defendants claim on appeal that: 1) a mere recommendation by a former employee does not constitute recruitment for purposes of the “family business” exemption under 29 U.S.C. § 1803 (a)(1); 2) they were unaware of the existence of the Act and their lack of knowledge precludes an…”
Fanette v. Steven Davis Farms, LLC, 28 F. Supp. 3d 1243 (N.D. Fla. 2014). · cites it 4× “Defenses presented after the close of discovery After the close of discovery and following the submission by the domestic farm-worker Plaintiffs of their motion for summary judgment, Defendants sought to assert as an affirmative defense the so-called “small business” exemption…”
Soto v. McLean, 20 F. Supp. 2d 901 (E.D.N.C. 1998). · cites it 4× “The Sixth Circuit has accurately described the inquiry necessary to assess a family business exemption claim under 29 U.S.C. § 1803 (a)(1): “[A] court evaluating a farmer’s claim to the family business exemption must conduct a two-step analysis.”
Mendoza v. Wight Vineyard Mgmt., 783 F.2d 941 (9th Cir. 1986). · cites it 3× “” 29 U.S.C. § 1803 (b); see also 29 U.S.C. § 1802 (2).”
Charles v. Burton, 857 F. Supp. 1574 (M.D. Ga. 1994). · cites it 2× “29 U.S.C. § 1803 provides, in part: “The following persons are not subject to [the requirements of the AWPA]: .”
Bueno v. Mattner, 633 F. Supp. 1446 (W.D. Mich. 1986). “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____ 29 U.S.C. § 1803 (a)(1). The Act’s…”
Garth Conlan v. United States Dep't of Labor, 76 F.3d 271 (9th Cir. 1996). “29 U.S.C. § 1803 (a)(1). 2 . We note that section 1853(a) limits the authorized civil money penalty to "not more than $1,000 for each violation.”
Ass'n of Flight Attendants-CWA v. Pension Benefit Guar. Corp., 372 F. Supp. 2d 91 (D.D.C. 2005). “at 189), noting that aggrieved parties could sue PBGC under 29 U.S.C. § 1803 (f) to challenge the propriety of the agency’s actions under ERISA.”
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