[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: 29CFR780.133]

[Page 575-576]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
 
                 Subpart B_General Scope of Agriculture
 
Sec. 780.133  Farmers' cooperative as a ``farmer.''

    (a) The phrase ``by a farmer'' covers practices performed either by 
the farmer himself or by the farmer through his employees. Employees of 
a farmers' cooperative association, however, are employed not by the 
individual farmers who compose its membership or who are its 
stockholders, but by the cooperative association itself. Cooperative 
associations whether in the corporate form or not, are distinct, 
separate entities from the farmers who own or compose them. The work 
performed by a farmers' cooperative association is not work performed 
``by a farmer'' but for farmers. Therefore, employees of a farmers' 
cooperative association are not generally engaged in any practices 
performed ``by a farmer'' within the meaning of section 3(f) (Farmers 
Reservoir Co. v. McComb, 337 U.S. 755; Goldberg v. Crowley Ridge Ass'n., 
295 F. 2d 7;

[[Page 576]]

McComb v. Puerto Rico Tobacco Marketing Co-op Ass'n., 80 F. Supp. 953, 
181 F. 2d 697). The legislative history of the Act supports this 
interpretation. Statutes usually cite farmers' cooperative associations 
in express terms if it is intended that they be included. The omission 
of express language from the Fair Labor Standards Act is significant 
since many unsuccessful attempts were made on the floor of Congress to 
secure special treatment for such cooperatives.
    (b) It is possible that some farmers' cooperative associations may 
themselves engage in actual farming operations to an extent and under 
circumstances sufficient to qualify as a ``farmer.'' In such case, any 
of their employees who perform practices as an incident to or in 
conjunction with such farming operations are employed in 
``agriculture.''

                    Practices Performed ``On a Farm''