[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: 29CFR780.605]



[Page 560]

 

                             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 G_Employment in Agriculture and Livestock Auction Operations 

                  Under the Section 13(b)(13) Exemption

 

Sec.  780.605  Employment in agriculture.



    One requirement for exemption is that the employee be employed in 

``agriculture.'' ``Agriculture,'' as used in the Act, is defined in 

section 3(f) as follows:



    (f) ``Agriculture'' includes farming in all its branches and among 

other things includes the cultivation and tillage of the soil, dairying, 

the production, cultivation, growing, and harvesting of any agricultural 

or horticultural commodities (including commodities defined as 

agricultural commodities in section 15(g) of the Agricultural Marketing 

Act, as amended), the raising of livestock, bees, fur-bearing animals, 

or poultry, and any practices (including any forestry or lumbering 

operations) performed by a farmer or on a farm as an incident to or in 

conjunction with such farming operations, including preparation for 

market, delivery to storage or to market or to carriers for 

transportation to market.





An employee meets the tests of being employed in agriculture when he 

either engages in any one or more of the branches of farming listed in 

the first part of the above definition or performs, as an employee of a 

farmer or on a farm, practices incident to such farming operations as 

mentioned in the second part of the definition (Farmers Reservoir & 

Irrigation Co. v. McComb, 337 U.S. 755). The exemption applies to ``any 

employee'' of a farmer whose employment meets the tests for exemption. 

Accordingly, any employee of the farmer who is employed in 

``agriculture,'' including laborers, clerical, maintenance, and 

custodial employees, harvesters, dairy workers, and others may qualify 

for the exemption under section 13(b)(13) if the other conditions of the 

exemption are met.