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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)

• Section Number: 780.906
• Section Name: Requisites for exemption generally.

    Section 13(b)(16), in clause (A), provides an exemption from the 
overtime pay provision of the Act for an employee during any workweek in 
which all the following conditions are satisfied:
    (a) The employee must be engaged ``in the transportation and 
preparation
for transportation of fruits and vegetables''; and
    (b) Such transportation must be transportation ``from the farm''; 
and
    (c) The destination to which the fruits or vegetables are 
transported must be ``a place of first processing or first marketing''; 
and
    (d) The transportation must be from the farm to such destination 
``within the same State''.