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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 B  

General Scope of Agriculture


29 CFR 780.132 - Operations must be performed ``by'' a farmer.

  • Section Number: 780.132
  • Section Name: Operations must be performed ``by'' a farmer.

    ``Farmer'' includes the employees of a farmer. It does not include 
an employer merely because he employs a farmer or appoints a farmer as 
his agent to do the actual work. Thus, the stripping of tobacco, i.e., 
removing leaves from the stalk, by the employees of an independent 
warehouse is not a practice performed ``by a farmer'' even though the 
warehouse acts as agent for the tobacco farmer or employs the farmer in 
the stripping operations. One who merely performs services or supplies 
materials for farmers in return for compensation in money or farm 
products is not a ``farmer.'' Thus, a person who provides credit and 
management services to farmers cannot qualify as a ``farmer'' on that 
account. Neither can a repairman who repairs and services farm machinery 
qualify as a ``farmer'' on that basis. Where crops are grown under 
contract with a person who provides a market, contributes counsel and 
advice, make advances and otherwise assists the grower who actually 
produces the crop, it is the grower and not the person with whom he 
contracts who is the farmer with respect to that crop (Mitchell v. 
Huntsville Nurseries, 267 F. 2d 286).
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