Section 7-102 - Scope of title.

§ 7-102. Scope of title.
 

(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. 
 

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