[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR780.144]



[Page 532]

 

                             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--Table 

of Contents

 

                 Subpart B_General Scope of Agriculture

 

Sec.  780.144  ``As an incident to or in conjunction with'' the farming 

operations.



    In order for practices other than actual farming operations to 

constitute ``agriculture'' within the meaning of section 3(f) of the 

Act, it is not enough that they be performed by a farmer or on a farm in 

connection with the farming operations conducted by such farmer or on 

such farm, as explained in Sec. Sec.  780.129 through 780.143. They must 

also be performed ``as an incident to or in conjunction with'' these 

farming operations. The line between practices that are and those that 

are not performed ``as an incident to or in conjunction with'' such 

farming operations is not susceptible of precise definition. Generally, 

a practice performed in connection with farming operations is within the 

statutory language only if it constitutes an established part of 

agriculture, is subordinate to the farming operations involved, and does 

not amount to an independent business. Industrial operations (Holtville 

Alfalfa Mills v. Wyatt, 230 F. 2d 398) and processes that are more akin 

to manufacturing than to agriculture (Maneja v. Waialua, 349 U.S. 254; 

Mitchell v. Budd, 350 U.S. 473) are not included. This is also true when 

on-the-farm practices are performed for a farmer. As to when practices 

may be regarded as performed for a farmer, see Sec.  780.143.