[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR780.0] [Page 558-562] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL Subpart A_Introductory Sec. 780.0 Purpose of interpretative bulletins in this part. COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT --Table of Contents Subpart A_Introductory Sec. 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780.6 Basic support for interpretations. 780.7 Reliance on interpretations. 780.8 Interpretations made, continued, and superseded by this part. 780.9 Related exemptions are interpreted together. 780.10 Workweek standard in applying exemptions. 780.11 Exempt and nonexempt work during the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. 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 Tilliage 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 ``agricultural 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 Operations''--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. [[Page 559]] 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. 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. 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. [[Page 560]] 780.330 Sharecroppers and tenant farmers. 780.331 Crew leaders and labor contractors. 780.332 Exchange of labor between farmers. Subpart E_Employment in Agriculture of 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 must be used exclusively for agricultural purposes. 780.409 Employment ``in connection with the operation or maintenance'' is exempt. 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. 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. 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. [[Page 561]] 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. 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. 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.'' [[Page 562]] 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.'' Subpart K_Employment of Homeworkers 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. Authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; 29 U.S.C. 201-219. Source: 37 FR 12084, June 17, 1972, unless otherwise noted. It is the purpose of the interpretative bulletins in this part to provide an official statement of the views of the Department of Labor with respect to the application and meaning of the provisions of the Fair Labor Standards Act of 1938, as amended, which exempt certain employees from the minimum wage or overtime pay requirements, or both, when employed in agriculture or in certain related activities or in certain operations with respect to agricultural or horticultural commodities.