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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 E  

Employment in Agriculture or Irrigation That Is Exempted From the Overtime Pay Requirements Under Section 13(b)(12)


29 CFR 780.408 - Facilities of system must be used exclusively for agricultural purposes.

  • Section Number: 780.408
  • Section Name: Facilities of system must be used exclusively for agricultural purposes.

    Section 13(b)(12) requires for exemption of irrigation work that the 
ditches, canals, reservoirs, or waterways in connection with which the 
employee's work is done be ``used exclusively for supply and storing of 
water for agricultural purposes.'' If a water supplier supplies water 
for other than ``agricultural purposes,'' the exemption would not apply. 
For example, the exemption would not apply where a portion of its water 
is delivered by the supplier to a municipality to be used for general, 
domestic, and commercial purposes. The fact that a small amount of the 
water furnished for use in his farming operations is in fact used for 
incidental domestic purposes by the farmer on the farm does not, 
however, require the conclusion that the water supplied was not 
exclusively ``for agricultural purposes'' within the meaning of the 
irrigation exemption in section 13(b)(12). Accordingly, if otherwise 
applicable, the exemption is not defeated merely because the water 
stored and supplied through the ditches, canals, reservoirs, or 
waterways of the irrigation system includes a small amount which is used 
for domestic purposes on the farms to which it is supplied. On the other 
hand, if the water supplier
should maintain separate facilities for storing and supplying water for 
domestic use, it is clear that employees employed in connection with the 
maintenance or operation of such facilities would not be employed in 
activities to which the exemption applies. Water used for watering 
livestock raised by a farmer is ``for agricultural purposes.''
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