Idaho Code 44-1602 – Exemptions
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The provisions of this chapter shall not apply to the following:
(1) An agricultural association engaged in farm labor contracting activities exclusively for members of that association.
Terms Used In Idaho Code 44-1602
- Agricultural association: means any nonprofit or cooperative association of farmers, growers or ranchers, incorporated or qualified under applicable state law. See Idaho Code 44-1601
- Farm labor contractor: means any person who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity. See Idaho Code 44-1601
- Person: means an individual, association, partnership, limited liability company, corporation or other business entity. See Idaho Code 44-1601
- Seasonal agricultural worker: means an individual who is employed in agricultural employment of a seasonal or temporary nature and is not required to be absent overnight from his permanent place of residence. See Idaho Code 44-1601
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2) Any individual engaged in farm labor contracting for an agricultural operation owned or operated exclusively by such individual or a member of such individual’s immediate family, if such activities are performed only for such operation and exclusively by such individual, but without regard to whether such individual has incorporated or otherwise organized for business purposes.
(3) Agricultural employers exchanging agricultural labor or services with each other, provided the work is performed on land owned or leased by the agricultural employers.
(4) Any common carrier that would be a farm labor contractor solely because it is engaged in transporting any migrant or seasonal agricultural worker. For purposes of this section, a common carrier is one that holds itself out to the general public to engage in transportation of passengers for hire, whether over regular or irregular routes, and holds a valid certificate or authorization for such purpose from an appropriate local, state or federal agency.
(5) Any nonprofit charitable organization, public entity or private nonprofit educational institution.
(6) Any employee of a person described in subsections (1) through (5) of this section when performing farm labor contracting activities exclusively for such person, unless the employee receives a commission or fee based upon the number of workers recruited.