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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)

• Section Number: 780.920
• Section Name: Workers transported must be fruit or vegetable harvest workers.

    Clause (B) of section 13(b)(16) exempts only those transportation 
employees who are engaged in transportation ``of persons employed or to 
be employed in the harvesting of fruits or vegetables.'' Transportation 
of harvest workers is not exempt unless the workers are fruit and 
vegetable harvest workers; transportation of workers employed or to be 
employed in harvesting or other commodities is not exempt work under 
section 13(b)(16). Wirtz v. Osceola Farms Co., 372 F. (2d) 584 (C.A.
5). Nor does the exemption apply to the transportation of persons for 
the purpose of planting or cultivating any crop, whether or not it is a 
fruit or a vegetable crop.