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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 780.913 - Nonexempt preparation.

  • Section Number: 780.913
  • Section Name: Nonexempt preparation.

    (a) Retail packing. Since the exemption, as expressly stated in 
section 13(b)(16), includes the transportation of the fruits or 
vegetables only to places of first marketing or first processing, 
packing or preparing for retail or further distribution beyond the place 
of first processing or first marketing is not exempt as ``preparation 
for transportation.'' (Schultz v. Durrence (D. Ga.), 19 WH Cases 747, 63 
CCH Lab. Cas. secs. 32, 387.)
    (b) Preparation for market. No exemption is provided under section 
13(b)(16) for operations performed on the farm in preparation for market 
(such as ripening, cleaning, grading, or sorting) rather than in 
preparation for the transportation described in the section. Exemption, 
if any, for these activities should be considered under sections 
13(a)(6) and 13(b)(12). (See subparts D and E of this part 780.)
    (c) Processing or canning. Processing is not exempt preparation for 
transportation. Thus, the canning of fruits or vegetables is not under 
section 13(b)(16).
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