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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 I

Employment in Ginning of Cotton and Processing of Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15)

• Section Number: 780.807
• Section Name: Cotton must be ginned ``for market.''

    As noted in Sec. 780.804, it is ginning of seed cotton which 
converts the cotton to marketable form. Section 13(b)(15), however, 
provides an exemption only where the cotton is actually ginned ``for 
market.'' (Wirtz v. Southern Pickery, Inc. (W.D. Tenn.) 278 F. Supp. 
729.) The ginning of cotton for some other purpose is not exempt work. 
Cotton is not ginned ``for market'' if it is not to be marketed in the 
form in which the ginning operation leaves it. Cotton is not ginned 
``for market'' if it is being ginned preliminary to further processing 
operations to be performed on the cotton by the same employer before 
marketing the commodity in an altered form. (Compare Mitchell v. Park 
(D. Minn.), 14 WH Cases 43, 36 Labor Cases 65, 191; Bush v. Wilson & 
Co., 157 Kans. 82, 138 P. 2d 457; Gaskin v. Clell Coleman & Sons, 2 WH 
Cases 977.)