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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)


29 CFR 780.909 - ``Transportation.''

  • Section Number: 780.909
  • Section Name: ``Transportation.''

    ``Transportation,'' as used in section 13(b)(16), refers to the 
movement by any means of conveyance of fruits or vegetables from the 
farm to a place of first processing or first marketing in the same 
State. It includes only those activities which are immediately necessary 
to move the fruits or vegetables to the specified points and the return 
trips. Drivers, drivers' helpers, loaders, and checkers perform work 
which is exempt. Transportation ends with delivery at the receiving 
platform of the place to which the fruits or vegetables are transported. 
(Mitchell v. Budd, 350 U.S. 473.) Thus, unloading at the delivery point 
by employees who did not transport the commodities would not be a part 
of the transportation activities under section 13(b)(16).
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