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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 780.144 - ``As an incident to or in conjunction with'' the farming operations.

  • Section Number: 780.144
  • Section Name: ``As an incident to or in conjunction with'' the farming operations.

    In order for practices other than actual farming operations to 
constitute ``agriculture'' within the meaning of section 3(f) of the 
Act, it is not enough that they be performed by a farmer or on a farm in 
connection with the farming operations conducted by such farmer or on 
such farm, as explained in Secs. 780.129 through 780.143. They must also 
be performed ``as an incident to or in conjunction with'' these farming 
operations. The line between practices that are and those that are not 
performed ``as an incident to or in conjunction with'' such farming 
operations is not susceptible of precise definition. Generally, a 
practice performed in connection with farming operations is within the 
statutory language only if it constitutes an established part of 
agriculture, is subordinate to the farming operations involved, and does 
not amount to an independent business. Industrial operations (Holtville 
Alfalfa Mills v. Wyatt, 230 F. 2d 398) and processes that are more akin 
to manufacturing than to agriculture (Maneja v. Waialua, 349 U.S. 254; 
Mitchell v. Budd, 350 U.S. 473) are not included. This is also true when 
on-the-farm practices are performed for a farmer. As to when practices 
may be regarded as performed for a farmer, see Sec. 780.143.
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