As used in this part:

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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 and conditions set forth in section 13(c)(4) of the Act and this part.

[43 FR 26562, June 21, 1978; 43 FR 28471, June 30, 1978, as amended at 82 FR 2229, Jan. 9, 2017]