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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 J  

Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)


29 CFR 780.905 - Employers who may claim exemption.

  • Section Number: 780.905
  • Section Name: Employers who may claim exemption.

    A nonfarmer, as well as a farmer, who has an employee engaged in the 
operations specified in section 13(b)(16) may take advantage of the 
exemption. Employees of contractual haulers, packers, processors, 
wholesalers, ``bird-dog'' operators, and others may qualify for 
exemption. If an employee is engaged in the specified operations, the 
exemption will apply ``whether or not'' these operations are ``performed 
by the farmer'' who has grown the harvested fruits and vegetables. Where 
such operations are performed by the farmer, the engagement by his 
employee in them will provide a basis for exemption under section 
13(b)(16) without regard to whether the farmer is performing the 
operations as an incident to or in conjunction with his farming 
operations.
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