[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR780.136]

[Page 531-532]
 
                             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. 780.136  Employment in practices on a farm.

    Employees engaged in building terraces or threshing wheat and other 
grain, employees engaged in the erection of silos and granaries, 
employees engaged in digging wells or building dams for farm ponds, 
employees engaged in inspecting and culling flocks

[[Page 532]]

of poultry, and pilots and flagmen engaged in the aerial dusting and 
spraying of crops are examples of the types of employees of independent 
contractors who may be considered employed in practices performed ``on a 
farm.'' Whether such employees are engaged in ``agriculture'' depends, 
of course, on whether the practices are performed as an incident to or 
in conjunction with the farming operations on the particular farm, as 
discussed in Sec. Sec. 780.141 through 780.147; that is, whether they 
are carried on as a part of the agricultural function or as a separately 
organized productive activity(Sec. Sec. 780.104 through 780.144). Even 
though an employee may work on several farms during a workweek, he is 
regarded as employed ``on a farm'' for the entire workweek if his work 
on each farm pertains solely to farming operations on that farm. The 
fact that a minor and incidental part of the work of such an employee 
occurs off the farm will not affect this conclusion. Thus, an employee 
may spend a small amount of time within the workweek in transporting 
necessary equipment for work to be done on farms. Field employees of a 
canner or processor of farm products who work on farms during the 
planting and growing season where they supervise the planting operations 
and consult with the grower on problems of cultivation are employed in 
practices performed ``on a farm'' so long as such work is done entirely 
on farms save for an incidental amount of reporting to their employer's 
plant. Other employees of the above employers employed away from the 
farm would not come within section 3(f). For example, airport employees 
such as mechanics, loaders, and office workers employed by a crop 
dusting firm would not be agriculture employees (Wirtz v. Boyls dba 
Boyls Dusting and Spraying Service 230 F. Supp. 246, aff'd per curiam 
352 F. 2d 63; Tobin v. Wenatchee Air Service, 10 WH Cases 680, 21 CCH 
Lab Cas. Paragraph 67,019 (E.D. Wash.)).

                ``Such Farming Operation''--of the Farmer