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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 780.129 - Required relationship of practices to farming operations.

  • Section Number: 780.129
  • Section Name: Required relationship of practices to farming operations.

    To come within this secondary meaning, a practice must be performed 
either by a farmer or on a farm. It must also be performed either in 
connection with the farmer's own farming operations or in connection 
with farming operations conducted on the farm where the practice is 
performed. In addition, the practice must be performed ``as an incident 
to or in conjunction with'' the farming operations. No matter how 
closely related it may be to farming operations, a practice performed 
neither by a farmer nor on a farm is not within the scope of the 
``secondary'' meaning of ``agriculture.'' Thus, employees employed by 
commission brokers in the typical activities conducted at their 
establishments,
warehouse employees at the typical tobacco warehouses, shop employees of 
an employer engaged in the business of servicing machinery and equipment 
for farmers, plant employees of a company dealing in eggs or poultry 
produced by others, employees of an irrigation company engaged in the 
general distribution of water to farmers, and other employees similarly 
situated do not generally come within the secondary meaning of 
``agriculture.'' The inclusion of industrial operations is not within 
the intent of the definition in section 3(f), nor are processes that are 
more akin to manufacturing than to agriculture (see Bowie v. Gonzales, 
117 F. 2d 11; Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 52; 
Holtville Alfalfa Mills v. Wyatt, 230 F. 2d 398; Maneja v. Waialua, 349 
U.S. 254; Mitchell v. Budd, 350 U.S. 473).

                   Practices Performed ``By a Farmer''
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