skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

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)


29 CFR 780.907 - ``Fruits or vegetables.''

  • Section Number: 780.907
  • Section Name: ``Fruits or vegetables.''

    The exempt operations of preparing for transportation and 
transporting must be performed with respect to ``fruits or vegetables.'' 
The intent of section 13(b)(16) is to exempt such operations on fruits 
or vegetables which are ``just-harvested'' and still in their raw and 
natural state. As explained at the time of adoption of the amendment on 
the floor of the House, the exemption was intended to eliminate the 
difference in treatment of farmers and nonfarmers with respect to 
exemption of such ``handling or hauling of fruit or vegetables in their 
raw or natural state.'' (See 107 Cong. Rec. (daily ed.) p. 4523.) 
Transporting and preparing for transportation other farm products which 
are not fruits or vegetables are not exempt under section 13(b)(16). For 
example, operations on livestock, eggs, tobacco, or poultry are 
nonexempt. Sugarcane is not a fruit or vegetable for purposes of this 
exemption (Wirtz v. Osceola Farms Co., 372 F. 2d 584).
Previous Section

Next Section



Phone Numbers