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CFR	Code of Federal Regulations Pertaining to ESA

Title 29

Labor

Chapter V

Wage and Hour Division, Department of Labor

Part 780

Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

Subpart J

Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)

• Section Number: 780.903
• Section Name: General scope of exemption.

    The exemption provided by section 13(b)(16) is in two parts, 
subsection (A), which exempts employees engaged in the described 
transportation and preparation for transportation of fruits or 
vegetables, and subsection (B) which exempts employees engaged in the 
specified transportation of employees who harvest fruits or vegetables. 
The transportation and preparation for transportation of fruits and 
vegetables must be from the farm to a place of first processing or first 
marketing located in the same State where the farm is located; the 
transportation of harvesters must be between the farm and a place 
located in the same State as the farm.