[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: 29CFR780.157]



[Page 536-537]

 

                             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.  780.157  Other transportation incident to farming.



    (a) Transportation by a farmer or on a farm as an incident to or in 

conjunction with the farming operations of the farmer or of that farm is 

within the scope of agriculture even though things other than farm 

commodities raised by the farmer or on the farm are being transported. 

As previously indicated, transportation of commodities raised by other 

farmers or on other farms would not be within section 3(f). The 

definition of agriculture clearly covers the transportation by the 

farmer, as an incident to or in conjunction with his farming activities, 

of farm implements, supplies, and fieldworkers to and from the fields, 

regardless of whether such transportation involves travel on or off the 

farm and regardless of the method used. The Supreme Court of the United 

States so held in Maneja v. Waialua, 349 U.S. 254. Transportation of 

fieldworkers to or from the farm by persons other than the farmer does 

not come within section 3(f). However, under section 13(b)(16) of the 

Act, discussed in subpart J of this part 780, an overtime pay exemption 

is provided for transportation, whether or not performed by the farmer, 

of fruit or vegetable harvest workers to and from the farm, within the 

same State where the farm is located. In the case of transportation to 

the farm of materials or supplies, it seems clear that transportation to 

the farm by the farmer of materials and supplies for use in his farming 

operations, such as seed, animal or poultry feed, farm machinery or 

equipment, etc., would be incidental to the farmer's actual farming 

operations. Thus, truckdrivers employed by a farmer to haul feed to the 

farm for feeding pigs are engaged in ``agriculture.''

    (b) With respect to the practice of transporting farm products from 

farms to a processing establishment by employees of a person who owns 

both the farms and the establishment, such practice may or may not be 

incident to or in conjunction with the employer's



[[Page 537]]



farming operations depending on all the pertinent facts. For example, 

the transportation is clearly incidental to milling operations, rather 

than to farming, where the employees engaged in it are hired by the 

mill, carried on its payroll, do no agricultural work on the farms, and 

report for and end their daily duties at the mill where the 

transportation vehicles are kept (Calaf v. Gonzales, 127 F. 2d 934). On 

the other hand, a different result is reached where the facts show that 

the transportation workers are farm employees whose work is closely 

integrated with harvesting and other direct farming operations (NLRB v. 

Olaa Sugar Co., 242 F. 2d 714; and see Vives v. Serralles, 145 F. 2d 

552). The method by which the transportation is accomplished is not 

material (Maneja v. Waialua, 349 U.S. 254).



        Other Unlisted Practices Which May Be Within Section 3(f)