[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: 29CFR780.921]



[Page 580]

 

                             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 J_Employment in Fruit and Vegetable Harvest Transportation; 

    Exemption From Overtime Pay Requirements Under Section 13(b)(16)

 

Sec.  780.921  Persons ``employed or to be employed'' in fruit or 

vegetable harvesting.



    The exemption applies to the transportation of persons ``employed or 

to be employed'' in the harvesting of fruits or vegetables. Included in 

this phrase are persons who at the time of transportation are currently 

employed in harvesting fruits or vegetables and others who, regardless 

of their occupation at such time, are being transported to be employed 

in such harvesting. The conveying of persons to a farm from a factory, 

packinghouse or processing plant would be exempt where their 

transportation is for the purpose of their employment in harvesting the 

named commodities. On the other hand, the transportation of harvest 

workers, who have been employed in the fruit or vegetable harvest, to 

such a plant for the purpose of their employment in the plant would not 

be exempt. The transportation must come within the intended scope of 

section 13(b)(16) which is to provide exemption for ``transportation of 

the harvest crew to and from the farm'' (see 107 Cong. Rec. daily ed. p. 

4523).