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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 780.919 - Engagement ``in transportation'' of harvest workers.

  • Section Number: 780.919
  • Section Name: Engagement ``in transportation'' of harvest workers.

    In order for the exemption to apply, the employees must be engaged 
``in transportation'' of the specified harvest workers between the 
points stated in the statute. Actual engagement ``in transportation'' of 
such workers is required. Engagement in other activities is not exempt 
work. Drivers, driver's helpers, and others who are engaged in the 
actual movement of the persons transported may qualify for the 
exemption. Office employees, garage mechanics, and other employees of 
the employer who may perform supporting activities but do not engage in 
the actual transportation work do not come within the exemption. There 
is no restriction in the statute as to the means of conveyance used; the 
exempt transportation may be by land, air, or water in any vehicle or 
conveyance appropriate for the purpose. Employees of any employer who 
are engaged in the specified transportation activities may qualify for 
exemption; it is not necessary that the transportation be performed by 
the farmer. (See Sec. 780.905.)
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