(a) Occasionally a farmer may help his neighbor with the harvest of
his crop. For instance, Farmer B helps his neighbor Farmer A harvest his
wheat. In return Farmer A helps Farmer B with the harvest at his farm.
(b) In a case where neighboring farmers exchange their own work
under an arrangement where the work of one farmer is repaid by the labor
of the other farmer and there is no monetary compensation for these
services paid or contemplated, the Department of Labor would not assert
that either farmer is an employee of the other.
(c) In addition, there may be instances where employees of a farmer
also work for neighboring farmers during harvest time. For example,
employees of Farmer A may help Farmer B with his harvest, and later,
Farmer B's employees may help Farmer A. These employees would be
included in the man-day count of the farmer for whom the work is
performed on the day in question. Since the Act defines man-day to mean
any day during which an employee performs any agricultural labor for not
less than 1 hour, there may be days on which these employees work for
both Farmer A and Farmer B for a ``man-day.'' In that event they would
be included for that day in the man-day count of both Farmer A and
Farmer B.
