§ 7-102. Scope of title  


Latest version.



  •    (a) General exclusions. -- This title does not apply:

       (1) to a common carrier or an employee of a common carrier solely because it transports a migrant agricultural worker;

       (2) to a custom grain combine, hay harvesting, or sheep shearing operation or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation;

       (3) to an individual who performs farm labor contracting services, or an employee of the individual while the employee is performing a farm labor contracting service only for the individual, within a 25-mile intrastate radius of the permanent place of residence of the individual and not exceeding 13 weeks a year;

       (4) to an agricultural operation when engaging a farm labor contractor through the Department of Labor, Licensing, and Regulation; or

       (5) to an individual who performs farm labor contracting services only for a farm or a cannery, packing shed, seed conditioning establishment, or other processing establishment, if:

          (i) the individual or an immediate family member of the individual exclusively owns and operates the farm or establishment; and

          (ii) only the individual and immediate family members of the individual perform farm labor contracting services for the farm or establishment.

    (b) Limited exclusions. -- This title does not apply:

       (1) to any person other than a farm labor contractor to whom no more than 10 migrant agricultural workers are provided at any time during the current and preceding calendar years;

       (2) to an individual while acting as an employee of an agricultural operation that is excluded under item (1) of this subsection; or

       (3) to a custom operation for poultry harvesting, breeding, debeaking, sexing, or health service or to an employee of the operation while the employee is performing a farm labor contracting service only for the operation, unless the operation regularly requires an employee to be absent during nonworking hours from the domicile of the employee.


HISTORY: An. Code 1957, art. 100, § 80A; 1991, ch. 8, § 2; 1995, ch. 120, § 19; 1997, ch. 16.