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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 780.152 - General scope of specified delivery operations.

  • Section Number: 780.152
  • Section Name: General scope of specified delivery operations.

    Employment in ``secondary'' agriculture, under section 3(f), 
includes employment in ``delivery to storage or to market or to carriers 
for transportation to market'' when performed by a farmer as an incident 
to or in conjunction with his own farming operations. To the extent that 
such deliveries may be accomplished without leaving the farm where the 
commodities delivered are grown, the exemption extends also to employees 
of someone other than the farmer who raised them if they are performing 
such deliveries for the farmer. However, normally such deliveries 
require travel off the farm, and where this is the case, only employees 
of a farmer engaged in making them can come within section 3(f). Such 
employees would not be engaged in agriculture in any workweek when they 
delivered commodities of other farmers, however, because such deliveries 
would not be performed as an incident to or in conjunction with ``such'' 
farming operations, as explained previously. If the ``delivery'' trip is 
within section 3(f) the necessary return trip to the farm is also 
included.
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