skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

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 B  

General Scope of Agriculture


29 CFR 780.128 - General statement on ``secondary'' agriculture.

  • Section Number: 780.128
  • Section Name: General statement on ``secondary'' agriculture.

    The discussion in Secs. 780.106 through 780.127 relates to the 
direct farming operations which come within the ``primary'' meaning of 
the definition of ``agriculture.'' As defined in section 3(f) 
``agriculture'' includes not only the farming activities described in 
the ``primary'' meaning but also includes, in its ``secondary'' meaning, 
``any practices (including any forestry or lumbering operations) 
performed by a farmer or on a farm as an incident to or in conjunction 
with such farming operations, including preparation for market delivery 
to storage or to market or to carriers for transportation to market.'' 
The legislative history makes it plain that this language was 
particularly included to make certain that independent contractors such 
as threshers of wheat, who travel around from farm to farm to assist 
farmers in what is recognized as a purely agricultural task and also to 
assist a farmer in getting his agricultural goods to market in their raw 
or natural state, should be included within the definition of 
agricultural employees (see Bowie v. Gonzalez, 117 F. 2d 11; 81 Cong. 
Rec. 7876, 7888).
Previous Section

Next Section



Phone Numbers