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
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|
| 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. |
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| 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Interpretations made, continued, and superseded by this part.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. |
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| 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.'' |
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| 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. |
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| 780.206 |
Planting and lawn mowing. |
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| 780.207 |
Operations with respect to wild plants. |
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| 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. |
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| 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. |