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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 B  

General Scope of Agriculture


29 CFR 780.118 - ``Harvesting.''

  • Section Number: 780.118
  • Section Name: ``Harvesting.''

    (a) The term ``Harvesting'' as used in section 3(f) includes all 
operations customarily performed in connection with the removal of the 
crops by the farmer from their growing position (Holtville Alfalfa Mills 
v. Wyatt, 230 F. 2d 398; NLRB v. Olaa Sugar Co., 242 F. 2d 714). 
Examples include the cutting of grain, the picking of fruit, the 
stripping of bluegrass seed, and the digging up of shrubs and trees 
grown in a nursery. Employees engaged on a plantation in gathering 
sugarcane as soon as it has been cut, loading it, and transporting the 
cane to a concentration point on the farm are engaged in ``Harvesting'' 
(Vives v. Serralles, 145 F. 2d 552).
    (b) The combining of grain is exempt either as harvesting or as a 
practice performed on a farm in conjunction with or as an incident to 
farming operations. (See in this connection Holtville Alfalfa Mills v. 
Wyatt, 230 F. 2d 398.) ``Harvesting'' does not extend to operations 
subsequent to and unconnected with the actual process whereby 
agricultural or horticultural commodities are severed from their 
attachment to the soil or otherwise reduced to possession. For example, 
the processing of sugarcane into raw sugar (Bowie v. Gonzalez, 117 F. 2d 
11, and see Maneja v. Waialua, 349 U.S. 254), or the vining of peas are 
not included. For a further discussion on vining employees, see 
Sec. 780.139. While transportation to a concentration point on the farm 
may be included, ``harvesting'' never extends to transportation or other 
operations off the farm. Off-the-farm transportation can only be 
``agriculture'' when performed by the farmer as an incident to his 
farming operations (Chapman v. Durkin, 214 F. 2d 360 cert. denied 348 
U.S. 897; Fort Mason Fruit Co. v. Durkin, 214 F. 2d 363 cert. denied 348 
U.S. 897). For further discussion of this point, see Secs. 780.144 
through 780.147; Secs. 780.152 through 780.157.

       Raising of Livestock, Bees, Fur-bearing Animals, or Poultry
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