[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: 29CFR780.315]



[Page 544-545]

 

                             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 D_Employment in Agriculture That Is Exempted From the Minimum 

        Wage and Overtime Pay Requirements Under Section 13(a)(6)

 

Sec.  780.315  Local hand harvest laborers.



    (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



[[Page 545]]



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.