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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 780.910 - Engagement in transportation and preparation.

  • Section Number: 780.910
  • Section Name: Engagement in transportation and preparation.

    Since transportation and preparation for transportation are both 
exempt activities, an employee who engages in both is performing exempt 
work. In referring to ``the transportation and preparation for 
transportation'' of the fruits or vegetables, the statute recognizes the 
two activities as interrelated parts of the single task of moving the 
commodities from the farm to the designated points. Accordingly, the 
word ``and'' between the words ``transportation'' and ``preparation'' is 
not considered to require that any employee be employed in both parts of 
the task in order to be exempt. The exemption may apply to an employee 
engaged either in transporting or preparing the commodities for 
transportation if he otherwise qualifies under section 13(b)(16).
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