2003 CFR Title 29, Volume 3

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
	780.0	Purpose of interpretative bulletins in this part.
	780.1	General scope of the Act.
	780.2	Exemptions from Act's requirements.
	780.3	Exemptions discussed in this part.
	780.4	Matters not discussed in this part.
	780.5	Significance of official interpretations.
	780.6	Basic support for interpretations.
	780.7	Reliance on interpretations.
	780.8	Interpretations made, continued, and superseded by this part.
	780.9	Related exemptions are interpreted together.
	780.10	Workweek standard in applying exemptions.
	780.11	Exempt and nonexempt work during the same workweek.
	780.12	Work exempt under another section of the Act.
	780.100	Scope and significance of interpretative bulletin.
	780.101	Matters discussed in this subpart.
	780.102	Pay requirements for agricultural employees.
	780.103	``Agriculture'' as defined by the Act.
	780.104	How modern specialization affects the scope of agriculture.
	780.105	``Primary'' and ``secondary'' agriculture under section 3(f).
	780.106	Employment in ``primary'' agriculture is farming regardless of why or where work is performed.
	780.107	Scope of the statutory term.
	780.108	Listed activities.
	780.109	Determination of whether unlisted activities are ``farming.''
	780.110	Operations included in ``cultivation and tillage of the soil.''
	780.111	``Dairying'' as a farming operation.
	780.112	General meaning of ``agriculture or horticultural commodities.''
	780.113	Seeds, spawn, etc.
	780.114	Wild commodities.
	780.115	Forest products.
	780.116	Commodities included by reference to the Agricultural Marketing Act.
	780.117	``Production, cultivation, growing.''
	780.118	``Harvesting.''
	780.119	Employment in the specified operations generally.
	780.120	Raising of ``livestock.''
	780.121	What constitutes ``raising'' of livestock.
	780.122	Activities relating to race horses.
	780.123	Raising of bees.
	780.124	Raising of fur-bearing animals.
	780.125	Raising of poultry in general.
	780.126	Contract arrangements for raising poultry.
	780.127	Hatchery operations.
	780.128	General statement on ``secondary'' agriculture.
	780.129	Required relationship of practices to farming operations.
	780.130	Performance ``by a farmer'' generally.
	780.131	Operations which constitute one a ``farmer.''
	780.132	Operations must be performed ``by'' a farmer.
	780.133	Farmers' cooperative as a ``farmer.''
	780.134	Performance ``on a farm'' generally.
	780.135	Meaning of ``farm.''
	780.136	Employment in practices on a farm.
	780.137	Practices must be performed in connection with farmer's own farming.
	780.138	Application of the general principles.
	780.139	Pea vining.
	780.140	Place of performing the practice as a factor.
	780.141	Practices must relate to farming operations on the particular farm.
	780.142	Practices on a farm not related to farming operations.
	780.143	Practices on a farm not performed for the farmer.
	780.144	``As an incident to or in conjunction with'' the farming operations.
	780.145	The relationship is determined by consideration of all relevant factors.
	780.146	Importance of relationship of the practice to farming generally.
	780.147	Practices performed on farm products--special factors considered.
	780.148	``Any'' practices meeting the requirements will qualify for exemption.
	780.149	Named practices as well as others must meet the requirements.
	780.150	Scope and limits of ``preparation for market.''
	780.151	Particular operations on commodities.
	780.152	General scope of specified delivery operations.
	780.153	Delivery ``to storage.''
	780.154	Delivery ``to market.''
	780.155	Delivery ``to carriers for transportation to market.''
	780.156	Transportation of farm products from the fields or farm.
	780.157	Other transportation incident to farming.
	780.158	Examples of other practices within section 3(f) if requirements are met.
	780.200	Inclusion of forestry or lumbering operations in agriculture is limited.
	780.201	Meaning of ``forestry or lumbering operations.''
	780.202	Subordination to farming operations is necessary for exemption.
	780.203	Performance of operations on a farm but not by the farmer.
	780.204	Number of employees engaged in operations not material.
	780.205	Nursery activities generally.
	780.206	Planting and lawn mowing.
	780.207	Operations with respect to wild plants.
	780.208	Forest and Christmas tree activities.
	780.209	Packing, storage, warehousing, and sale of nursery products.
	780.210	The typical hatchery operations constitute ``agriculture.''
	780.211	Contract production of hatching eggs.
	780.212	Hatchery employees working on farms.
	780.213	Produce business.
	780.214	Feed sales and other activities.
	780.300	Statutory exemptions in section 13(a)(6).
	780.301	Other pertinent statutory provisions.
	780.302	Basic conditions of section 13 (a)(6)(A).
	780.303	Exemption applicable on employee basis.
	780.304	``Employed by an employer.''
	780.305	500 man-day provision.
	780.306	Calendar quarter of the preceding calendar year defined.
	780.307	Exemption for employer's immediate family.
	780.308	Definition of immediate family.
	780.309	Man-day exclusion.
	780.310	Exemption for local hand harvest laborers.
	780.311	Basic conditions of section 13(a)(6)(C).
	780.312	``Hand harvest laborer'' defined.
	780.313	Piece rate basis.
	780.314	Operations customarily * paid on a piece rate basis *.
	780.315	Local hand harvest laborers.
	780.316	Thirteen week provision.
	780.317	Man-day exclusion.
	780.318	Exemption for nonlocal minors.
	780.319	Basic conditions of exemption.
	780.320	Nonlocal minors.
	780.321	Minors 16 years of age or under.
	780.322	Is employed on the same farm as his parent or persons standing in the place of his parent.
	780.323	Exemption for range production of livestock.
	780.324	Requirements for the exemption to apply.
	780.325	Principally engaged.
	780.326	On the range.
	780.327	Production of livestock.
	780.328	Meaning of livestock.
	780.329	Exempt work.
	780.330	Sharecroppers and tenant farmers.
	780.331	Crew leaders and labor contractors.
	780.332	Exchange of labor between farmers.
	780.400	Statutory provisions.
	780.401	General explanatory statement.
	780.402	The general guides for applying the exemption.
	780.403	Employee basis of exemption under section 13(b)(12).
	780.404	Activities of the employer considered in some situations.
	780.405	Exemption is direct and does not mean activities are agriculture.
	780.406	Exemption is from overtime only.
	780.407	System must be nonprofit or operated on a share-crop basis.
	780.408	Facilities of system must be used exclusively for agricultural purposes.
	780.409	Employment ``in connection with the operation or maintenance'' is exempt.
	780.500	Scope and significance of interpretative bulletin.
	780.501	Statutory provision.
	780.502	Legislative history of exemption.
	780.503	What determines the application of the exemption.
	780.504	Basic conditions of exemption.
	780.505	Definition of ``shade-grown tobacco.''
	780.506	Dependence of exemption on shade-grown tobacco operations.
	780.507	``Such tobacco.''
	780.508	Application of the exemption.
	780.509	Agriculture.
	780.510	``Any agricultural employee.''
	780.511	Meaning of ``agricultural employee.''
	780.512	``Employed in the growing and harvesting.''
	780.513	What employment in growing and harvesting is sufficient.
	780.514	``Growing'' and ``harvesting.''
	780.515	Processing requirements of section 13(a)(14).
	780.516	``Prior to the stemming process.''
	780.517	``For use as Cigar-wrapper tobacco.''
	780.518	Exempt processing operations.
	780.519	General scope of exempt operations.
	780.520	Particular operations which may be exempt.
	780.521	Other processing operations.
	780.522	Nonprocessing employees.
	780.600	Scope and significance of interpretative bulletin.
	780.601	Statutory provision.
	780.602	General explanatory statement.
	780.603	What determines application of exemption.
	780.604	General requirements.
	780.605	Employment in agriculture.
	780.606	Interpretation of term ``agriculture.''
	780.607	``Primarily employed'' in agriculture.
	780.608	``During his workweek.''
	780.609	Workweek unit in applying the exemption.
	780.610	Workweek exclusively in exempt work.
	780.611	Workweek exclusively in agriculture.
	780.612	Employment by a ``farmer.''
	780.613	``By such farmer.''
	780.614	Definition of a farmer.
	780.615	Raising of livestock.
	780.616	Operations included in raising livestock.
	780.617	Adjunct livestock auction operations.
	780.618	``His own account''--``in conjunction with other farmers.''
	780.619	Work ``in connection with'' livestock auction operations.
	780.620	Minimum wage for livestock auction work.
	780.621	No overtime wages in exempt week.
	780.700	Scope and significance of interpretative bulletin.
	780.701	Statutory provision.
	780.702	What determines application of the exemption.
	780.703	Basic requirements for exemption.
	780.704	Dependence of exemption on nature of employing establishment.
	780.705	Meaning of ``establishment.''
	780.706	Recognition of character of establishment.
	780.707	Establishments ``commonly recognized'' as country elevators.
	780.708	A country elevator is located near and serves farmers.
	780.709	Size and equipment of a country elevator.
	780.710	A country elevator may sell products and services to farmers.
	780.711	Exemption of mixed business applies only to country elevators.
	780.712	Limitation of exemption to establishments with five or fewer employees.
	780.713	Determining the number of employees generally.
	780.714	Employees employed ``in such operations'' to be counted.
	780.715	Counting employees ``employed in the establishment.''
	780.716	Exemption of employees ``employed *** by'' the establishment.
	780.717	Determining whether there is employment ``by'' the establishment.
	780.718	Employees who may be exempt.
	780.719	Employees not employed ``by'' the elevator establishment.
	780.720	``Area of production'' requirement of exemption.
	780.721	Employment in the particular workweek as test of exemption.
	780.722	Exempt workweeks.
	780.723	Exempt and nonexempt employment.
	780.724	Work exempt under another section of the Act.
	780.800	Scope and significance of interpretative bulletin.
	780.801	Statutory provisions.
	780.802	What determines application of the exemption.
	780.803	Basic conditions of exemption; first part, ginning of cotton.
	780.804	``Ginning'' of cotton.
	780.805	Ginning of ``cotton.''
	780.806	Exempt ginning limited to first processing.
	780.807	Cotton must be ginned ``for market.''
	780.808	Who may qualify for the exemption generally.
	780.809	Employees engaged in exempt operations.
	780.810	Employees not ``engaged in'' ginning.
	780.811	Exemption dependent upon place of employment generally.
	780.812	``County.''
	780.813	``County where cotton is grown.''
	780.814	``Grown in commercial quantities.''
	780.815	Basic conditions of exemption; second part, processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap.
	780.816	Processing of specific commodities.
	780.817	Employees engaged in processing.
	780.818	Employees not engaged in processing.
	780.819	Production must be of unrefined sugar or syrup.
	780.900	Scope and significance of interpretative bulletin.
	780.901	Statutory provisions.
	780.902	Legislative history of exemption.
	780.903	General scope of exemption.
	780.904	What determines the exemption.
	780.905	Employers who may claim exemption.
	780.906	Requisites for exemption generally.
	780.907	``Fruits or vegetables.''
	780.908	Relation of employee's work to specified transportation.
	780.909	``Transportation.''
	780.910	Engagement in transportation and preparation.
	780.911	Preparation for transportation.
	780.912	Exempt preparation.
	780.913	Nonexempt preparation.
	780.914	``From the farm.''
	780.915	``Place of first processing.''
	780.916	``Place of *** first marketing.''
	780.917	``Within the same State.''
	780.918	Requisites for exemption generally.
	780.919	Engagement ``in transportation'' of harvest workers.
	780.920	Workers transported must be fruit or vegetable harvest workers.
	780.921	Persons ``employed or to be employed'' in fruit or vegetable harvesting.
	780.922	``Harvesting'' of fruits or vegetables.
	780.923	``Between the farm and any point within the same State.''
	780.1000	Scope and significance of interpretative bulletin.
	780.1001	General explanatory statement.
	780.1002	Statutory requirements.
	780.1003	What determines the application of the exemption.
	780.1004	General requirements.
	780.1005	Homeworkers.
	780.1006	In or about a home.
	780.1007	Exemption is inapplicable if wreath-making is not in or about a home.
	780.1008	Examples of places not considered homes.
	780.1009	Wreaths.
	780.1010	Principally.
	780.1011	Evergreens.
	780.1012	Other evergreens.
	780.1013	Natural evergreens.
	780.1014	Harvesting.
	780.1015	Other forest products.
	780.1016	Use of evergreens and forest products.