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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 G  

Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption


29 CFR 780.617 - Adjunct livestock auction operations.

  • Section Number: 780.617
  • Section Name: Adjunct livestock auction operations.

    The livestock auction operations referred to in section 13(b)(13) 
are those engaged in by the farmer ``as an adjunct'' to the raising of 
livestock. This phrase limits the relative extent to which the farmer 
may conduct livestock auctions and claim exemption under section 
13(b)(13). To qualify under the exemption provision, the
auction operations should be an established part of the farmer's raising 
of the livestock and subordinate to it. (Hearnsberger v. Gillespie, 435 
F. 2d 926 (C.A. 8).) The auction operations should not be conducted on 
so large a scale as to predominate over the raising of livestock. The 
livestock auction should be adjunct to the farmer's raising of livestock 
not only when he engages in it on his own account, but also when he 
joins with other farmers to hold an auction.
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