Terms Used In CFR > Title 29 > Subtitle B > Chapter V > Subchapter A > Part 502 > Subpart A
- Act: means the Public Health Service Act, as amended (42 U. See 42 CFR 52i.2
- 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
- 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.
- 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.
- 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
- 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
- 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
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Job opportunity: means a job opening for temporary, full-time employment at a place in the U. See 29 CFR 502.10 v2
- 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.
- 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
- 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
- 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.
- 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
- 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.
- 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