|Subpart A||General Provisions|
|Subpart B||Enforcement of Work Contracts|
|Subpart C||Administrative Proceedings|
Terms Used In 29 CFR Part 502
- Act: refers to the Privacy Act of 1974. See 10 CFR 1304.102
- Act: means the Public Health Service Act, as amended (42 U. See 42 CFR 52i.2
- Agency: means any executive department, military department, government corporation, or other establishment in this executive branch of the Federal Government, including the Executive Office of the President or any independent regulatory agency. See 10 CFR 1304.102
- Agent: means a legal entity or person, such as an association of agricultural employers, or an attorney for an association, that--
(1) Is authorized to act on behalf of the employer for temporary agricultural labor certification purposes. See 29 CFR 502.10 v2
- Agricultural association: means any nonprofit or cooperative association of farmers, growers, or ranchers (including but not limited to processing establishments, canneries, gins, packing sheds, nurseries, or other fixed-site agricultural employers), incorporated or qualified under applicable State law, that recruits, solicits, hires, employs, furnishes, houses or transports any worker that is subject to sec. See 29 CFR 502.10 v2
- Agricultural commodity: For purposes of paragraph (b)(1)(ii) of this section, agricultural commodity includes, in addition to other agricultural commodities, crude gum (oleoresin) from a living tree, and gum spirits of turpentine and gum rosin as processed by the original producer of the crude gum (oleoresin) from which derived. See 29 CFR 502.10 v2
- agricultural labor or services of a temporary or seasonal nature: means the following:
(1) Agricultural labor or services, pursuant to sec. See 29 CFR 502.10 v2
- agriculture: means farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities as defined as agricultural commodities in 12 U. See 29 CFR 502.10 v2
- all business trading names used by the establishment: means any name which is used on a cosmetic product label and owned by the cosmetic product manufacturer or packer, but is different from the principal name under which the cosmetic product manufacturer or packer is registered. See 21 CFR 700.3
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Area of intended employment: means the geographic area within normal commuting distance of the place (worksite address) of the job opportunity for which the certification is sought. See 29 CFR 502.10 v2
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- cosmetic product: means a finished cosmetic the manufacture of which has been completed. See 21 CFR 700.3
- Days: means standard working days, excluding weekends and federal holidays. See 10 CFR 1304.102
- Director: means the Director, NIMHD, of the National Institutes of Health. See 42 CFR 52i.2
- Employee: means employee as defined under the general common law of agency. See 29 CFR 502.10 v2
- Employer: means a person, firm, corporation or other association or organization that:
(1) Has a place of business (physical location) in the U. See 29 CFR 502.10 v2
- Establishment: means a place of business where cosmetic products are manufactured or packaged. See 21 CFR 700.3
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- farm: includes stock, dairy, poultry, fruit, fur-bearing animals, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. See 29 CFR 502.10 v2
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fixed-site employer: means any person engaged in agriculture who meets the definition of an employer as those terms are defined in this part who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed, nursery, or other similar fixed-site location where agricultural activities are performed and who recruits, solicits, hires, employs, houses, or transports any worker subject to sec. See 29 CFR 502.10 v2
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Gum spirits of turpentine: means spirits of turpentine made from gum (oleoresin) from a living tree and gum rosin means rosin remaining after the distillation of gum spirits of turpentine. See 29 CFR 502.10 v2
- Individual: means any citizen of the United States or an alien lawfully admitted for permanent residence. See 10 CFR 1304.102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Job offer: means the offer made by an employer or potential employer of H-2A workers to eligible workers describing all the material terms and conditions of employment, including those relating to wages, working conditions, and other benefits. See 29 CFR 502.10 v2
- Job opportunity: means a job opening for temporary, full-time employment at a place in the U. See 29 CFR 502.10 v2
- Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
- Joint employment: means that where two or more employers each have sufficient definitional indicia of employment to be considered the employer of an employee, those employers will be considered to jointly employ that employee. See 29 CFR 502.10 v2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Maintain: means to collect, use, store, or disseminate records as well as any combination of these recordkeeping functions. See 10 CFR 1304.102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- of a temporary or seasonal nature: means on a seasonal or other temporary basis, as defined in the WHD's regulation at 29 CFR 500. See 29 CFR 502.10 v2
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Oversight: Committee review of the activities of a Federal agency or program.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes any individual, partnership, association, corporation, cooperative, joint stock company, trust, or other organization with legal rights and duties. See 29 CFR 502.10 v2
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Prevailing: means with respect to practices engaged in by employers and benefits other than wages provided by employers, that:
(1) Fifty percent or more of employers in an area and for an occupation engage in the practice or offer the benefit. See 29 CFR 502.10 v2
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Record: means any item, collection, or grouping of information about an individual that is maintained by the Board and contains the individual's name or other identifying information, such as a number or symbol assigned to the individual or his or her fingerprint, voice print, or photograph. See 10 CFR 1304.102
- Representative: means a person or entity employed by, or duly authorized to act on behalf of, the employer with respect to activities entered into for, and/or attestations made with respect to, the Application for Temporary Employment Certification. See 29 CFR 502.10 v2
- Secretary: means the Secretary of the United States Department of Labor or the Secretary's designee. See 29 CFR 502.10 v2
- See sec: 29 U. See 29 CFR 502.10 v2
- Successor in interest: means that, in determining whether an employer is a successor in interest, the factors used under Title VII of the Civil Rights Act and the Vietnam Era Veterans' Readjustment Assistance Act will be considered. See 29 CFR 502.10 v2
- System of records: means a group of records under the control of the Board from which information is retrievable by use of the name of the individual or by some number, symbol, or other identifying particular assigned to the individual. See 10 CFR 1304.102
- Temporary: For the purposes of this part, the definition of temporary in paragraph (b)(3) of this section refers to any job opportunity covered by this part where the employer needs a worker for a position for a limited period of time, including, but not limited, to a peakload need, which is generally less than 1 year, unless the original temporary agricultural labor certification is extended pursuant to 20 CFR 655. See 29 CFR 502.10 v2
- Temporary agricultural labor certification: means the certification made by the Secretary with respect to an employer seeking to file with DHS a visa petition to employ one or more foreign nationals as an H-2A worker, pursuant to secs. See 29 CFR 502.10 v2
- Testify: Answer questions in court.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Wages: means all forms of cash remuneration to a worker by an employer in payment for personal services. See 29 CFR 502.10 v2
- Work contract: means all the material terms and conditions of employment relating to wages, hours, working conditions, and other benefits, required by the applicable regulations in subpart B of 20 CFR part 655, Labor Certification for Temporary Agricultural Employment of H-2A Aliens in the U. See 29 CFR 502.10 v2