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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 780.921 - Persons ``employed or to be employed'' in fruit or vegetable harvesting.

  • Section Number: 780.921
  • Section Name: Persons ``employed or to be employed'' in fruit or vegetable harvesting.

    The exemption applies to the transportation of persons ``employed or 
to be employed'' in the harvesting of fruits or vegetables. Included in 
this phrase are persons who at the time of transportation are currently 
employed in harvesting fruits or vegetables and others who, regardless 
of their occupation at such time, are being transported to be employed 
in such harvesting. The conveying of persons to a farm from a factory, 
packinghouse or processing plant would be exempt where their 
transportation is for the purpose of their employment in harvesting the 
named commodities. On the other hand, the transportation of harvest 
workers, who have been employed in the fruit or vegetable harvest, to 
such a plant for the purpose of their employment in the plant would not 
be exempt. The transportation must come within the the intended scope of 
section 13(b)(16) which is to provide exemption for ``transportation of 
the harvest crew to and from the farm'' (see 107 Cong. Rec. daily ed. p. 
4523).
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