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Electronic Code of Federal Regulations

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e-CFR Data is current as of December 17, 2014

Title 29Subtitle BChapter VSubchapter BPart 780


TITLE 29—Labor

Subtitle B—REGULATIONS RELATING TO LABOR (CONTINUED)

CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS

PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT

rule

Subpart A—INTRODUCTORY

§780.0
Purpose of interpretative bulletins in this part.
§780.1
General scope of the Act.
§780.2
Exemptions from Act's requirements.
§780.3
Exemptions discussed in this part.
§780.4
Matters not discussed in this part.
§780.5
Significance of official interpretations.
§780.6
Basic support for interpretations.
§780.7
Reliance on interpretations.
§780.8
Interpretations made, continued, and superseded by this part.
§780.9
Related exemptions are interpreted together.
§780.10
Workweek standard in applying exemptions.
§780.11
Exempt and nonexempt work during the same workweek.
§780.12
Work exempt under another section of the Act.
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Subpart B—GENERAL SCOPE OF AGRICULTURE

Introductory

§780.100
Scope and significance of interpretative bulletin.
§780.101
Matters discussed in this subpart.
§780.102
Pay requirements for agricultural employees.
§780.103
“Agriculture” as defined by the Act.
§780.104
How modern specialization affects the scope of agriculture.
§780.105
“Primary” and “secondary” agriculture under section 3(f).

Exemption for “Primary” Agriculture Generally

§780.106
Employment in “primary” agriculture is farming regardless of why or where work is performed.

Farming in All Its Branches

§780.107
Scope of the statutory term.
§780.108
Listed activities.
§780.109
Determination of whether unlisted activities are “farming.”

Cultivation and Tillage of the Soil

§780.110
Operations included in “cultivation and tillage of the soil.”

Dairying

§780.111
“Dairying” as a farming operation.

Agricultural or Horticultural Commodities

§780.112
General meaning of “agriculture or horticultural commodities.”
§780.113
Seeds, spawn, etc.
§780.114
Wild commodities.
§780.115
Forest products.
§780.116
Commodities included by reference to the Agricultural Marketing Act.

“Production, Cultivation, Growing, and Harvesting” of Commodities

§780.117
“Production, cultivation, growing.”
§780.118
“Harvesting.”

Raising of Livestock, Bees, Fur-bearing Animals, or Poultry

§780.119
Employment in the specified operations generally.
§780.120
Raising of “livestock.”
§780.121
What constitutes “raising” of livestock.
§780.122
Activities relating to race horses.
§780.123
Raising of bees.
§780.124
Raising of fur-bearing animals.
§780.125
Raising of poultry in general.
§780.126
Contract arrangements for raising poultry.
§780.127
Hatchery operations.

Practices Exempt Under “Secondary” Meaning of Agriculture Generally

§780.128
General statement on “secondary” agriculture.
§780.129
Required relationship of practices to farming operations.

Practices Performed “By a Farmer”

§780.130
Performance “by a farmer” generally.
§780.131
Operations which constitute one a “farmer.”
§780.132
Operations must be performed “by” a farmer.
§780.133
Farmers' cooperative as a “farmer.”

Practices Performed “On a Farm”

§780.134
Performance “on a farm” generally.
§780.135
Meaning of “farm.”
§780.136
Employment in practices on a farm.

“Such Farming Operation”—of the Farmer

§780.137
Practices must be performed in connection with farmer's own farming.
§780.138
Application of the general principles.
§780.139
Pea vining.
§780.140
Place of performing the practice as a factor.

“Such Farming Operations”—On the Farm

§780.141
Practices must relate to farming operations on the particular farm.
§780.142
Practices on a farm not related to farming operations.
§780.143
Practices on a farm not performed for the farmer.

Performance of the Practice “As an Incident To or In Conjunction With” the Farming Operations

§780.144
“As an incident to or in conjunction with” the farming operations.
§780.145
The relationship is determined by consideration of all relevant factors.
§780.146
Importance of relationship of the practice to farming generally.
§780.147
Practices performed on farm products—special factors considered.

Practices Included When Performed as Provided in Section 3(f)

§780.148
“Any” practices meeting the requirements will qualify for exemption.
§780.149
Named practices as well as others must meet the requirements.

Preparation for Market

§780.150
Scope and limits of “preparation for market.”
§780.151
Particular operations on commodities.

Specified Delivery Operations

§780.152
General scope of specified delivery operations.
§780.153
Delivery “to storage.”
§780.154
Delivery “to market.”
§780.155
Delivery “to carriers for transportation to market.”

Transportation Operations Not Mentioned in Section 3(f)

§780.156
Transportation of farm products from the fields or farm.
§780.157
Other transportation incident to farming.

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

§780.158
Examples of other practices within section 3(f) if requirements are met.
§780.159
Forest products.
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Subpart C—AGRICULTURE AS IT RELATES TO SPECIFIC SITUATIONS

Forestry or Lumbering Operations

§780.200
Inclusion of forestry or lumbering operations in agriculture is limited.
§780.201
Meaning of “forestry or lumbering operations.”
§780.202
Subordination to farming operations is necessary for exemption.
§780.203
Performance of operations on a farm but not by the farmer.
§780.204
Number of employees engaged in operations not material.

Nursery and Landscaping Operations

§780.205
Nursery activities generally.
§780.206
Planting and lawn mowing.
§780.207
Operations with respect to wild plants.
§780.208
Forest and Christmas tree activities.
§780.209
Packing, storage, warehousing, and sale of nursery products.

Hatchery Operations

§780.210
The typical hatchery operations constitute “agriculture.”
§780.211
Contract production of hatching eggs.
§780.212
Hatchery employees working on farms.
§780.213
Produce business.
§780.214
Feed sales and other activities.
§780.215
Meaning of forestry or lumbering operations.
§780.216
Nursery activities generally and Christmas tree production.
§780.217
Forestry activities.
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Subpart D—EMPLOYMENT IN AGRICULTURE THAT IS EXEMPTED FROM THE MINIMUM WAGE AND OVERTIME PAY REQUIREMENTS UNDER SECTION 13(A)(6)

Statutory Provisions

§780.300
Statutory exemptions in section 13(a)(6).
§780.301
Other pertinent statutory provisions.
§780.302
Basic conditions of section 13 (a)(6)(A).
§780.303
Exemption applicable on employee basis.
§780.304
“Employed by an employer.”
§780.305
500 man-day provision.
§780.306
Calendar quarter of the preceding calendar year defined.
§780.307
Exemption for employer's immediate family.
§780.308
Definition of immediate family.
§780.309
Man-day exclusion.
§780.310
Exemption for local hand harvest laborers.
§780.311
Basic conditions of section 13(a)(6)(C).
§780.312
“Hand harvest laborer” defined.
§780.313
Piece rate basis.
§780.314
Operations customarily *  *  * paid on a piece rate basis *  *  *.
§780.315
Local hand harvest laborers.
§780.316
Thirteen week provision.
§780.317
Man-day exclusion.
§780.318
Exemption for nonlocal minors.
§780.319
Basic conditions of exemption.
§780.320
Nonlocal minors.
§780.321
Minors 16 years of age or under.
§780.322
Is employed on the same farm as his parent or persons standing in the place of his parent.
§780.323
Exemption for range production of livestock.
§780.324
Requirements for the exemption to apply.
§780.325
Principally engaged.
§780.326
On the range.
§780.327
Production of livestock.
§780.328
Meaning of livestock.
§780.329
Exempt work.
§780.330
Sharecroppers and tenant farmers.
§780.331
Crew leaders and labor contractors.
§780.332
Exchange of labor between farmers.
rule

Subpart E—EMPLOYMENT IN AGRICULTURE OR IRRIGATION THAT IS EXEMPTED FROM THE OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(12)

§780.400
Statutory provisions.
§780.401
General explanatory statement.
§780.402
The general guides for applying the exemption.
§780.403
Employee basis of exemption under section 13(b)(12).
§780.404
Activities of the employer considered in some situations.

The Irrigation Exemption

§780.405
Exemption is direct and does not mean activities are agriculture.
§780.406
Exemption is from overtime only.
§780.407
System must be nonprofit or operated on a share-crop basis.
§780.408
Facilities of system at least 90 percent of which was used for agricultural purposes.
§780.409
Employment “in connection with the operation or maintenance” is exempt.
rule

Subpart F—EMPLOYMENT OR AGRICULTURAL EMPLOYEES IN PROCESSING SHADE-GROWN TOBACCO; EXEMPTION FROM MINIMUM WAGE AND OVERTIME PAY REQUIREMENTS UNDER SECTION 13(A)(14)

Introductory

§780.500
Scope and significance of interpretative bulletin.
§780.501
Statutory provision.
§780.502
Legislative history of exemption.
§780.503
What determines the application of the exemption.

Requirements for Exemption

§780.504
Basic conditions of exemption.

Shade-Grown Tobacco

§780.505
Definition of “shade-grown tobacco.”
§780.506
Dependence of exemption on shade-grown tobacco operations.
§780.507
“Such tobacco.”
§780.508
Application of the exemption.
§780.509
Agriculture.
§780.510
“Any agricultural employee.”
§780.511
Meaning of “agricultural employee.”
§780.512
“Employed in the growing and harvesting.”
§780.513
What employment in growing and harvesting is sufficient.
§780.514
“Growing” and “harvesting.”

Exempt Processing

§780.515
Processing requirements of section 13(a)(14).
§780.516
“Prior to the stemming process.”
§780.517
“For use as Cigar-wrapper tobacco.”
§780.518
Exempt processing operations.
§780.519
General scope of exempt operations.
§780.520
Particular operations which may be exempt.
§780.521
Other processing operations.
§780.522
Nonprocessing employees.
rule

Subpart G—EMPLOYMENT IN AGRICULTURE AND LIVESTOCK AUCTION OPERATIONS UNDER THE SECTION 13(B)(13) EXEMPTION

Introductory

§780.600
Scope and significance of interpretative bulletin.
§780.601
Statutory provision.
§780.602
General explanatory statement.

Requirements for Exemption

§780.603
What determines application of exemption.
§780.604
General requirements.
§780.605
Employment in agriculture.
§780.606
Interpretation of term “agriculture.”
§780.607
“Primarily employed” in agriculture.
§780.608
“During his workweek.”
§780.609
Workweek unit in applying the exemption.
§780.610
Workweek exclusively in exempt work.
§780.611
Workweek exclusively in agriculture.
§780.612
Employment by a “farmer.”
§780.613
“By such farmer.”
§780.614
Definition of a farmer.
§780.615
Raising of livestock.
§780.616
Operations included in raising livestock.
§780.617
Adjunct livestock auction operations.
§780.618
“His own account”—“in conjunction with other farmers.”
§780.619
Work “in connection with” livestock auction operations.
§780.620
Minimum wage for livestock auction work.

Effect of Exemption

§780.621
No overtime wages in exempt week.
rule

Subpart H—EMPLOYMENT BY SMALL COUNTRY ELEVATORS WITHIN AREA OF PRODUCTION; EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(14)

Introductory

§780.700
Scope and significance of interpretative bulletin.
§780.701
Statutory provision.
§780.702
What determines application of the exemption.
§780.703
Basic requirements for exemption.

Establishment Commonly Recognized as a Country Elevator

§780.704
Dependence of exemption on nature of employing establishment.
§780.705
Meaning of “establishment.”
§780.706
Recognition of character of establishment.
§780.707
Establishments “commonly recognized” as country elevators.
§780.708
A country elevator is located near and serves farmers.
§780.709
Size and equipment of a country elevator.
§780.710
A country elevator may sell products and services to farmers.
§780.711
Exemption of mixed business applies only to country elevators.

Employment of “No More Than Five Employees”

§780.712
Limitation of exemption to establishments with five or fewer employees.
§780.713
Determining the number of employees generally.
§780.714
Employees employed “in such operations” to be counted.
§780.715
Counting employees “employed in the establishment.”

Employees “Employed *  *  *  By” The Country Elevator Establishment

§780.716
Exemption of employees “employed *  *  * by” the establishment.
§780.717
Determining whether there is employment “by” the establishment.
§780.718
Employees who may be exempt.
§780.719
Employees not employed “by” the elevator establishment.

Employment “Within the Area of Production”

§780.720
“Area of production” requirement of exemption.

Workweek Application of Exemption

§780.721
Employment in the particular workweek as test of exemption.
§780.722
Exempt workweeks.
§780.723
Exempt and nonexempt employment.
§780.724
Work exempt under another section of the Act.
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Subpart I—EMPLOYMENT IN GINNING OF COTTON AND PROCESSING OF SUGAR BEETS, SUGAR-BEET MOLASSES, SUGARCANE, OR MAPLE SAP INTO SUGAR OR SYRUP; EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(15)

Introductory

§780.800
Scope and significance of interpretative bulletin.
§780.801
Statutory provisions.
§780.802
What determines application of the exemption.
§780.803
Basic conditions of exemption; first part, ginning of cotton.

Ginning of Cotton for Market

§780.804
“Ginning” of cotton.
§780.805
Ginning of “cotton.”
§780.806
Exempt ginning limited to first processing.
§780.807
Cotton must be ginned “for market.”

Employees “Engaged in” Ginning

§780.808
Who may qualify for the exemption generally.
§780.809
Employees engaged in exempt operations.
§780.810
Employees not “engaged in” ginning.

County Where Cotton Is Grown in Commercial Quantities

§780.811
Exemption dependent upon place of employment generally.
§780.812
“County.”
§780.813
“County where cotton is grown.”
§780.814
“Grown in commercial quantities.”
§780.815
Basic conditions of exemption; second part, processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap.
§780.816
Processing of specific commodities.
§780.817
Employees engaged in processing.
§780.818
Employees not engaged in processing.
§780.819
Production must be of unrefined sugar or syrup.
rule

Subpart J—EMPLOYMENT IN FRUIT AND VEGETABLE HARVEST TRANSPORTATION; EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(16)

Introductory

§780.900
Scope and significance of interpretative bulletin.
§780.901
Statutory provisions.
§780.902
Legislative history of exemption.
§780.903
General scope of exemption.
§780.904
What determines the exemption.
§780.905
Employers who may claim exemption.

Exempt Operations on Fruits or Vegetables

§780.906
Requisites for exemption generally.
§780.907
“Fruits or vegetables.”
§780.908
Relation of employee's work to specified transportation.
§780.909
“Transportation.”
§780.910
Engagement in transportation and preparation.
§780.911
Preparation for transportation.
§780.912
Exempt preparation.
§780.913
Nonexempt preparation.
§780.914
“From the farm.”
§780.915
“Place of first processing.”
§780.916
“Place of *  *  * first marketing.”
§780.917
“Within the same State.”

Exempt Transportation of Fruit or Vegetable Harvest Employees

§780.918
Requisites for exemption generally.
§780.919
Engagement “in transportation” of harvest workers.
§780.920
Workers transported must be fruit or vegetable harvest workers.
§780.921
Persons “employed or to be employed” in fruit or vegetable harvesting.
§780.922
“Harvesting” of fruits or vegetables.
§780.923
“Between the farm and any point within the same State.”
rule

Subpart K—EMPLOYMENT OF HOME- WORKERS IN MAKING WREATHS; EXEMPTION FROM MINIMUM WAGE, OVERTIME COMPENSATION, AND CHILD LABOR PROVISIONS UNDER SECTION 13(D)

Introductory

§780.1000
Scope and significance of interpretative bulletin.
§780.1001
General explanatory statement.

Requirements for Exemption

§780.1002
Statutory requirements.
§780.1003
What determines the application of the exemption.
§780.1004
General requirements.
§780.1005
Homeworkers.
§780.1006
In or about a home.
§780.1007
Exemption is inapplicable if wreath-making is not in or about a home.
§780.1008
Examples of places not considered homes.
§780.1009
Wreaths.
§780.1010
Principally.
§780.1011
Evergreens.
§780.1012
Other evergreens.
§780.1013
Natural evergreens.
§780.1014
Harvesting.
§780.1015
Other forest products.
§780.1016
Use of evergreens and forest products.


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