cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
9 rows where part_number = 575 and title_number = 29 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 29:29:3.1.1.1.32.0.139.1 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.1 Purpose and scope. | DOL-WHD | (a) Section 13(c)(4) was added to the Fair Labor Standards Act of 1938, as amended, by the Fair Labor Standards Amendments of 1977. This section provides that: (A) An employer or group of employers may apply to the Secretary for a waiver of the application of section 12 to the employment for not more than 8 weeks in any calendar year of individuals who are less than 12 years of age, but not less than 10 years of age, as hand harvest laborers in an agricultural operation which has been, and is customarily and generally recognized as being, paid on a piece rate basis in the region in which such individuals would be employed. The Secretary may not grant such a waiver unless he finds, based on objective data submitted by the applicant, that: (i) The crop to be harvested is one with a particularly short harvesting season and the application of section 12 would cause severe economic disruption in the industry of the employer or group of employers applying for the waiver; (ii) The employment of the individuals to whom the waiver would apply would not be deleterious to their health or well-being; (iii) The level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of the individuals to whom the waiver would apply; (iv) Individuals age 12 and above are not available for such employment; and (v) The industry of such employer or group of employers has traditionally and substantially employed individuals under 12 years of age without displacing substantial job opportunities for individuals over 16 years of age. (B) Any waiver granted by the Secretary under subparagraph (A) shall require that: (i) The individuals employed under such waiver be employed outside of school hours for the school district where they are living while so employed; (ii) Such individuals while so employed commute daily from their permanent residence to the farm on which they are so employed; and (iii) Such individuals be employed under such waiver (I) for not more than 8… | ||||||
| 29:29:3.1.1.1.32.0.139.2 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.2 Definitions. | DOL-WHD | [43 FR 26562, June 21, 1978; 43 FR 28471, June 30, 1978, as amended at 82 FR 2229, Jan. 9, 2017] | As used in this part: Act means the Fair Labor Standards Act of 1938, as amended (52 Stat. 1060, as amended; 29 U.S.C. 201, et seq. ). Administrator means the Administrator of the Wage and Hour Division, U.S. Department of Labor, and includes an authorized representative designated by the Administrator to perform any of the functions of the Administrator under this part. Agriculture means agriculture as defined in section 3(f) of the Act and as interpreted in part 780 of this chapter. Commute daily means the minors shall travel by foot, car, or other vehicle designed for transporting passengers from their permanent residences to the field or farm where they will work and return thereto at the end of each workday. Department means the U.S. Department of Labor. Employer means employer as defined in section 3(d) of the Act. Group of employers means a number of employers who seek to be considered together for the purpose of applying for a waiver under section 13(c)(4) of the Act. Hand-harvest laborers means agricultural workers engaged solely in harvesting by hand soil grown crops such as but not limited to berries, potatoes, and beans, and as interpreted in § 780.312 of this chapter. Outside school hours means such periods as determined by the school district of the minor's permanent residence. These periods include before or after school hours, holidays, summer vacation, Saturdays, Sundays, or any other days on which the school for the school district does not assemble. Permanent residence means the place where the minor and the minor's parent or person standing in place of a parent reside year-round. Secretary means the Secretary of Labor, United States Department of Labor, or an authorized representative of the Secretary. Waiver means a letter signed by the Administrator advising the named employer or group of employers that 10 and 11 year old minors may be employed in the hand-harvesting of the specified short season crop or crops for the period designated, in accordance with the terms a… | |||||
| 29:29:3.1.1.1.32.0.139.3 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.3 Application for waiver. | DOL-WHD | [43 FR 26562, June 21, 1978, as amended at 47 FR 145, Jan. 5, 1982; 82 FR 2229, Jan. 9, 2017] | (a) An application for a waiver shall be filed with the Administrator of the Wage and Hour Division, United States Department of Labor, Washington, DC 20210. To permit adequate time for processing, it is recommended that such applications be filed 6 weeks prior to the period the waiver is to be in effect. (b) No particular form is prescribed. The application, which may be in letter form, shall be typewritten or clearly written and shall include the following information: (1) The general information as described in § 575.4 of this part: (i) Name and address of employer or group of employers; (ii) Telephone number; (iii) Location of farm(s); (iv) Crop or crops to be hand harvested; (v) Whether payment is customarily paid on a piece rate basis; (vi) Requested period of waiver; (vii) Statement that such employment shall be outside school hours; (2) The objective data as required in § 575.5 of this part to show that: (i) The crops have a short harvesting season; (ii) Without 10 and 11 year olds the industry would suffer severe economic disruption; (iii) Employment will not be deleterious to the health and well-being of 10 and 11 year olds; (iv) The level of pesticides will not adversely affect 10 and 11 year olds; (v) Individuals 12 years and over are not available for employment; (vi) Employer or group of employers has traditionally used minors under 12 years and this will not displace employees 16 years or older. (c) The application shall be signed and dated by the employer or group of employers requesting the waiver or by the authorized representative of such employer or group. | |||||
| 29:29:3.1.1.1.32.0.139.4 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.4 Information to be included in application. | DOL-WHD | An application for a waiver pursuant to section 13(c)(4) of the Act shall contain the following information: (a) The name, address, and zip code of the employer, or each employer of a group of employers, and the authorized representative, if any, of an employer or group. (b) The telephone number and area code for any employer or authorized representative from whom additional information concerning the application may be obtained. (c) The address, location, and/or area (State, county, and/or other geographic designation), clearly identifying each employer's farm(s) or field(s) where 10 and 11 year old hand-harvest laborers are to be employed. (d) The specific crop or crops to be hand-harvested at each designated farm or field. (e) Substantiation of the claim that such agricultural operation “is customarily and generally recognized as being paid on a piece rate basis in the region in which such individuals would be employed.” The Administrator will accept signed statements to that effect from agricultural employers and employees and others, such as agricultural extension agents, in the region of employment who are familiar with farming operations and practices in the region and with the method of compensation used in such operations and practices. (f) Designated dates of not more than 8 weeks an any calendar year, between June 1 and October 15, during which it is anticipated that 10 and 11 year old minors will be employed in the hand-harvesting of the specified short season crop or crops. (g) A statement that the 10- and 11-year old hand harvesters will be employed outside school hours. | ||||||
| 29:29:3.1.1.1.32.0.139.5 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.5 Supporting data to accompany application. | DOL-WHD | [43 FR 26562, June 21, 1978; 43 FR 28471, June 30, 1978, as amended at 44 FR 22061, Apr. 13, 1979; 44 FR 24059, Apr. 24, 1979; 44 FR 29049, May 18, 1979; 45 FR 55177, Aug. 19, 1980] | Objective data, as required by section 13(c)(4) of the Act, shall also be submitted by the employer or group of employers applying for a waiver, to show that: (a) The crop to be harvested is one with a “particularly short harvesting season.” The variety of each crop to be harvested must ordinarily be harvested within 4 weeks in the region in which the waiver will be applicable. The Administrator will accept the written statement to that effect from the agricultural extension agent for the county. (b) The 12-year minimum age prescribed by the Act for such employment would cause “severe economic disruption in the industry of the employer or group of employers applying for the waiver.” Severe economic disruption in the industry refers to the consequences of not meeting a compelling need for the employment of 10- and 11-year olds to avoid loss of a significant portion of the crop. Evidence of this need includes the projected number of laborers needed to harvest the acreage planted and evidence that recruitment requirements specified in paragraph (e) of this section have been complied with. Data concerning the number of hand harvest laborers used in previous years for given acreages will serve as a basis for evaluating needs for the current year. If the requisite number of workers cannot be recruited from the labor supply of 12 years and above, this would ordinarily demonstrate the compelling need for the employment of 10 and 11 year olds. (c) The employment of minors under the waiver “would not be deleterious to their health or well-being.” This refers to the prospective effect on the health or well-being generally ( i.e. , other than the tolerance level of pesticides or other chemicals) of 10 and 11 year-old hand harvesters. The Administrator will accept signed statements to that effect from doctors, or nurses or public health officials in the region. (d) The “level and type of pesticides and other chemicals used would not have an adverse effect on the health or well-being of” minors employed under the waiver. T… | |||||
| 29:29:3.1.1.1.32.0.139.6 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.6 Procedure for action on an application. | DOL-WHD | (a) Upon receipt of an application for a waiver, the Administrator shall review all of the information and supporting data. If sufficient, the Administrator shall grant a waiver; if insufficient, the Administrator may seek further information. If such information is not made available to the Administrator, the Administrator shall deny the waiver. (b) The Administrator shall deny the application for a waiver from any employer against whom a final civil money penalty is outstanding under section 16(e) of the Act for violation of the child labor provisions of the Act. (c) The waiver, in the form of a letter signed by the Administrator, shall set forth the terms and conditions for employment under the waiver as provided in §§ 575.7 and 575.8. The waiver shall be issued to the employer or group of employers applying for it. (d) If a waiver is granted there will be published in the Federal Register a general notice to that effect setting forth for each waiver granted: the name of the employer or the name of each employer of a group of employers; the address of each such employer, including city, state, and zip code; and the dates of the period the waiver will be in effect. (e) If a waiver is denied, the Administrator shall give written notice of such denial to the employer or group of employers applying for a waiver. Such denial will be without prejudice to the filing of any subsequent application. | ||||||
| 29:29:3.1.1.1.32.0.139.7 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.7 Statutory conditions for employment under the waiver. | DOL-WHD | Any waiver granted pursuant to section 13(c)(4) of the Act and this part shall require that: (a) Employment of 10 and 11 year old minors pursuant to the waiver be outside school hours. (b) Individuals employed commute daily from their permanent residence to the farms(s) or field(s) where employed. (c) Such individuals be employed for not more than 8 weeks between June 1 and October 15 of any calendar year. When schools are in session, any employment under a waiver shall be confined to outside of school hours. | ||||||
| 29:29:3.1.1.1.32.0.139.8 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.8 Secretary's conditions for employment under the waiver. | DOL-WHD | [43 FR 26562, June 21, 1978; 43 FR 28471, June 30, 1978] | The Secretary prescribes the following terms and conditions for the protection of minors employed pursuant to a waiver granted under section 13(c)(4) of the Act: (a) An employer or group of employers granted such a waiver shall obtain and keep on file a signed statement of the parent or person standing in the place of the parent of each 10 and 11-year old minor employed consenting to the employment of such minor under the waiver. (b) Any employment pursuant to a waiver shall be in compliance with applicable Federal and State laws, and any regulations issued under them. (c) No employer or group of employers shall employ any 10 or 11 year old minor pursuant to a waiver for more than 5 hours in any one day or for more than 30 hours in any workweek with a meal break of at least 30 minutes and two rest breaks of at least 15 minutes each. (d) An employer or group of employers granted such a waiver shall provide immediately adjacent to the field(s) to be hand harvested: (1) Adequate sanitary facilities, such as portable toilets; (2) adequate and clean drinking water in covered containers with spouts, and an adequate supply of paper or plastic cups for individual drinking use; and (3) a specified adult employee, who is appropriately equipped and is knowledgeable about first-aid treatment and readily available to give such treatment when needed. (e) An employer or group of employers granted such a waiver shall provide emergency transportation either to the minor's permanent residence or to the nearest hospital for any 10 or 11 year old hand harvester who becomes ill or is injured during the normal hours of employment. (f) No 10 or 11 year old employed under a waiver shall ride upon or be employed in the operation of or in the close proximity to any power driven machinery or equipment. Generally, a distance of fifty feet or more will be construed to meet the requirement that employment not be in “close proximity” to machinery or equipment. (g) An employer or group of employers granted such a waiver who owns, operate… | |||||
| 29:29:3.1.1.1.32.0.139.9 | 29 | Labor | V | A | 575 | PART 575—WAIVER OF CHILD LABOR PROVISIONS FOR AGRICULTURAL EMPLOYMENT OF 10 AND 11 YEAR OLD MINORS IN HAND HARVESTING OF SHORT SEASON CROPS | § 575.9 Failure to comply with the terms and conditions of the waiver. | DOL-WHD | If the employer or group of employers granted a waiver pursuant to section 13(c)(4) of the Act and this part do not comply with the terms and conditions set forth in the waiver and this part, the waiver shall be null and void and the employer or group of employers will be subject to civil money penalties under section 16(e) of the Act. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);