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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 C  

Agriculture As It Relates To Specific Situations


29 CFR 780.202 - Subordination to farming operations is necessary for exemption.

  • Section Number: 780.202
  • Section Name: Subordination to farming operations is necessary for exemption.

    While section 3(f) speaks of practices performed ``in conjunction 
with'' as well as ``incident to'' farming operations, it would be an 
unreasonable construction of the Act to hold that all practices were to 
be regarded as agricultural if the person performing the practice did 
any farming, no matter how little, or resorted to tilling a small 
acreage for the purpose of qualifying for exemption (Ridgeway v. Warren, 
60 F. Supp. 363 (M.D. Tenn.); in re Combs, 5 WH Cases 595, 10 Labor 
Cases 62,802 (M.D. Ga.)). To illustrate, where an employer owns several 
thousand acres of timberland on which he carries on lumbering operations 
and cultivates about 100 acres of farm land which are contiguous to such 
timberland, he would not be engaged in agriculture so far as his 
forestry or lumbering operations are concerned. In such case, the 
forestry or lumbering operations would clearly not be subordinate to the 
farming operations but rather the principal or a separate business of 
the ``farmer.''
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