§ 1301.103. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor
43 P.S. § 1301.103
§ 1301.103. Definitions
The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
“Employer.” Every individual, firm, partnership, association, trust, corporation, receiver or other officer of a court of this Commonwealth, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee, employing or permitting to work any seasonal farm worker in this Commonwealth, and includes every farmer, grower, nurseryman or landowner who employs, or on whose premises or in whose interest is employed, any seasonal farm worker.
“Farm labor contractor.” Any person who, for payment, wages, salary, fees or other consideration, either for himself or on behalf of another person, recruits, solicits, hires, furnishes or transports five or more seasonal farm workers (excluding members of his immediate family) in any calendar year for employment in agriculture or in agriculture-related industry. In any case in which a firm, partnership, association, corporation or organization engages in such activities for the purpose of supplying seasonal farm workers solely for its own operation, the term “farm labor contractor” means that officer, official, supervisor or employee most directly responsible for such activity. Such term shall not include:
(1) any person, firm, partnership, association or corporation which is the holder of a valid and current license pursuant to the act of July 31, 1941 (P.L. 616, No. 261), known as the “Employment Agency Law”;1
(3) an individual farmer, grower, nurseryman or landowner who engages in such activity for the purpose of supplying seasonal farm workers solely for his own operation, except that an employee of an individual farmer who engages in such activity on such a farmer's behalf shall be considered a “farm labor contractor” for the purposes of this act; or
“Person.” Any individual, firm, partnership, association, trust, corporation, receiver or any other organization, and in the case of a corporation, association or other organization, shall include any officer, director, manager, agent or employee who has knowledge of any conduct or condition, and has supervisory responsibility over such conduct or condition.
“Seasonal farm labor.” Labor or employment engaged in by an individual defined in this act as a seasonal farm worker.
“Seasonal farm labor camp.” Any living quarters, including, without limitation, housing accommodations, motel, rooming house, dormitory, or mobile home, maintained directly or indirectly in connection with any work of, or place where work is being performed by, seasonal farm workers whether or not rent is paid or reserved for use or occupancy; includes the immediate premises or site upon which any such building or buildings are situated; includes the facilities necessary to or associated with any such building or buildings; and includes any area or site set aside and provided for camping of seasonal farm workers; but shall not include buildings reserved exclusively for the personal use of the landowner.
“Seasonal farm worker.” An individual employed in raising, cultivating, fertilizing, seeding, planting, pruning, harvesting, gathering, washing, sorting, weighing or handling, drying, packing, packaging, grading, storing or delivering to market or to storage or to a carrier for transportation to market in its unmanufactured state, any agricultural commodity as defined in the act of September 20, 1961 (P.L. 1541, No. 657), known as the “Pennsylvania Agricultural Commodities Marketing Act of 1968,”2 or any farm product as defined in 1 Pa.C.S. § 1991 (relating to definitions) on a seasonal or other temporary basis; includes every individual, irrespective of his primary employment, while he performs agricultural labor on a seasonal or other temporary basis, except any person who commutes daily from his permanent residence to the work site unless transportation is provided such a person by a farm labor contractor; and, other provisions of this act to the contrary notwithstanding, includes any person residing in living quarters owned, leased or operated by an employer or a farm labor contractor and occupied by four or more unrelated persons.
Credits
1978, June 23, P.L. 537, No. 93, § 103, effective in 90 days.
Footnotes
43 P.S. § 535 et seq.
3 P.S. § 1001 et seq. (repealed).
43 P.S. §§ 1301.101 et seq. and 1301.501 et seq.
43 P.S. § 1301.301 et seq.
43 P.S. § 1301.103, PA ST 43 P.S. § 1301.103
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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