(a) A requirement of the exemption is that an employee must commute
each day from his permanent residence to the farm where he is employed.
Thus, the exemption does not apply to a migrant worker who travels to
different areas of the country during the harvesting seasons. This would
be true even though the worker may remain in the area for a considerable
period of time. On the other hand, if a migrant worker actually changes
his place of residence and thereafter commutes daily from his permanent
residence, the exemption applies from the date of the change of
residence if the other tests are met.
(b) The fact that a worker may live on the farm where the operations
are performed would not be a reason for
disqualification. For example, if the other tests for the exemption are
met, members of a tractor driver's family who reside on the farm could
be employed in picking cotton within the terms of the exemption. Such
family members would be considered to be commuting daily from their
permanent residence despite the fact that their residence may be located
on the farm at which they are employed.
