Subpart A of this part 780 and this subpart J together constitute
the official interpretative bulletin of the Department of Labor with
respect to the meaning and application of section 13(b)(16) of the Fair
Labor Standards Act of 1938, as amended. This section provides exemption
from the overtime pay provisions of the Act for employees engaging in
specified transportation activities when fruits and vegetables are
harvested. As appears more fully in subpart A of this part,
interpretations in this bulletin with respect to the provisions of the
Act discussed are official interpretations upon which reliance may be
placed and which will guide the Secretary of Labor and the Administrator
in the performance of their duties under the Act. The general exemption
provided in sections 13(a)(6) and 13(b)(12) of the Act for employees
employed in agriculture, are not discussed in this subpart except in
their relation to section 13(b)(16). The meaning and application of
these exemptions are fully considered in subparts D and E, respectively,
of this part 780.