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May 13, 2009   
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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 C  

Agriculture As It Relates To Specific Situations


29 CFR 780.207 - Operations with respect to wild plants.

  • Section Number: 780.207
  • Section Name: Operations with respect to wild plants.

    Nurseries frequently obtain plants growing wild in the woods or 
fields which are to be further cultivated by the nursery before they are 
sold by it. Obtaining such plants is a practice which is incidental to 
farming operations. The activities are therefore within the scope of 
agriculture if performed by a farmer or on a farm. Thus, employees of 
the nursery are engaged in agriculture when performing these activities. 
On the other hand, employees of an independent contractor performing 
these activities off the farm would not be engaged in agriculture. The 
transplanting of such wild plants in the nursery is performed ``on a 
farm'' and is an agricultural activity whether performed by employees of 
an independent contractor or by employees of the nursery.
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