Title 29, Part 780 — Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act
265 sections
Section 780.0
Purpose of interpretative bulletins in this part.
Section 780.1
General scope of the Act.
Section 780.2
Exemptions from Act's requirements.
Section 780.3
Exemptions discussed in this part.
Section 780.4
Matters not discussed in this part.
Section 780.5
Significance of official interpretations.
Section 780.6
Basic support for interpretations.
Section 780.7
Reliance on interpretations.
Section 780.8
Interpretations made, continued, and superseded by this part.
Section 780.9
Related exemptions are interpreted together.
Section 780.10
Workweek standard in applying exemptions.
Section 780.11
Exempt and nonexempt work during the same workweek.
Section 780.12
Work exempt under another section of the Act.
Section 780.100
Scope and significance of interpretative bulletin.
Section 780.101
Matters discussed in this subpart.
Section 780.102
Pay requirements for agricultural employees.
Section 780.103
“Agriculture” as defined by the Act.
Section 780.104
How modern specialization affects the scope of agriculture.
Section 780.105
“Primary” and “secondary” agriculture under section 3(f).
Section 780.106
Employment in “primary” agriculture is farming regardless of why or where work is performed.
Section 780.107
Scope of the statutory term.
Section 780.108
Listed activities.
Section 780.109
Determination of whether unlisted activities are “farming.”
Section 780.110
Operations included in “cultivation and tillage of the soil.”
Section 780.111
“Dairying” as a farming operation.
Section 780.112
General meaning of “agriculture or horticultural commodities.”
Section 780.113
Seeds, spawn, etc.
Section 780.114
Wild commodities.
Section 780.115
Forest products.
Section 780.116
Commodities included by reference to the Agricultural Marketing Act.
Section 780.117
“Production, cultivation, growing.”
Section 780.118
“Harvesting.”
Section 780.119
Employment in the specified operations generally.
Section 780.120
Raising of “livestock.”
Section 780.121
What constitutes “raising” of livestock.
Section 780.122
Activities relating to race horses.
Section 780.123
Raising of bees.
Section 780.124
Raising of fur-bearing animals.
Section 780.125
Raising of poultry in general.
Section 780.126
Contract arrangements for raising poultry.
Section 780.127
Hatchery operations.
Section 780.128
General statement on “secondary” agriculture.
Section 780.129
Required relationship of practices to farming operations.
Section 780.130
Performance “by a farmer” generally.
Section 780.131
Operations which constitute one a “farmer.”
Section 780.132
Operations must be performed “by” a farmer.
Section 780.133
Farmers' cooperative as a “farmer.”
Section 780.134
Performance “on a farm” generally.
Section 780.135
Meaning of “farm.”
Section 780.136
Employment in practices on a farm.
Section 780.137
Practices must be performed in connection with farmer's own farming.
Section 780.138
Application of the general principles.
Section 780.139
Pea vining.
Section 780.140
Place of performing the practice as a factor.
Section 780.141
Practices must relate to farming operations on the particular farm.
Section 780.142
Practices on a farm not related to farming operations.
Section 780.143
Practices on a farm not performed for the farmer.
Section 780.144
“As an incident to or in conjunction with” the farming operations.
Section 780.145
The relationship is determined by consideration of all relevant factors.
Section 780.146
Importance of relationship of the practice to farming generally.
Section 780.147
Practices performed on farm products—special factors considered.
Section 780.148
“Any” practices meeting the requirements will qualify for exemption.
Section 780.149
Named practices as well as others must meet the requirements.
Section 780.150
Scope and limits of “preparation for market.”
Section 780.151
Particular operations on commodities.
Section 780.152
General scope of specified delivery operations.
Section 780.153
Delivery “to storage.”
Section 780.154
Delivery “to market.”
Section 780.155
Delivery “to carriers for transportation to market.”
Section 780.156
Transportation of farm products from the fields or farm.
Section 780.157
Other transportation incident to farming.
Section 780.158
Examples of other practices within section 3(f) if requirements are met.
Section 780.159
Forest products.
Section 780.200
Inclusion of forestry or lumbering operations in agriculture is limited.
Section 780.201
Meaning of “forestry or lumbering operations.”
Section 780.202
Subordination to farming operations is necessary for exemption.
Section 780.203
Performance of operations on a farm but not by the farmer.
Section 780.204
Number of employees engaged in operations not material.
Section 780.205
Nursery activities generally.
Section 780.206
Planting and lawn mowing.
Section 780.207
Operations with respect to wild plants.
Section 780.208
Forest and Christmas tree activities.
Section 780.209
Packing, storage, warehousing, and sale of nursery products.
Section 780.210
The typical hatchery operations constitute “agriculture.”
Section 780.211
Contract production of hatching eggs.
Section 780.212
Hatchery employees working on farms.
Section 780.213
Produce business.
Section 780.214
Feed sales and other activities.
Section 780.215
Meaning of forestry or lumbering operations.
Section 780.216
Nursery activities generally and Christmas tree production.
Section 780.217
Forestry activities.
Section 780.300
Statutory exemptions in section 13(a)(6).
Section 780.301
Other pertinent statutory provisions.
Section 780.302
Basic conditions of section 13 (a)(6)(A).
Section 780.303
Exemption applicable on employee basis.
Section 780.304
“Employed by an employer.”
Section 780.305
500 man-day provision.
Section 780.306
Calendar quarter of the preceding calendar year defined.
Section 780.307
Exemption for employer's immediate family.
Section 780.308
Definition of immediate family.
Section 780.309
Man-day exclusion.
Section 780.310
Exemption for local hand harvest laborers.
Section 780.311
Basic conditions of section 13(a)(6)(C).
Section 780.312
“Hand harvest laborer” defined.
Section 780.313
Piece rate basis.
Section 780.314
Operations customarily * * * paid on a piece rate basis * * *.
Section 780.315
Local hand harvest laborers.
Section 780.316
Thirteen week provision.
Section 780.317
Man-day exclusion.
Section 780.318
Exemption for nonlocal minors.
Section 780.319
Basic conditions of exemption.
Section 780.320
Nonlocal minors.
Section 780.321
Minors 16 years of age or under.
Section 780.322
Is employed on the same farm as his parent or persons standing in the place of his parent.
Section 780.323
Exemption for range production of livestock.
Section 780.324
Requirements for the exemption to apply.
Section 780.325
Principally engaged.
Section 780.326
On the range.
Section 780.327
Production of livestock.
Section 780.328
Meaning of livestock.
Section 780.329
Exempt work.
Section 780.330
Sharecroppers and tenant farmers.
Section 780.331
Crew leaders and labor contractors.
Section 780.332
Exchange of labor between farmers.
Section 780.400
Statutory provisions.
Section 780.401
General explanatory statement.
Section 780.402
The general guides for applying the exemption.
Section 780.403
Employee basis of exemption under section 13(b)(12).
Section 780.404
Activities of the employer considered in some situations.
Section 780.405
Exemption is direct and does not mean activities are agriculture.
Section 780.406
Exemption is from overtime only.
Section 780.407
System must be nonprofit or operated on a share-crop basis.
Section 780.408
Facilities of system at least 90 percent of which was used for agricultural purposes.
Section 780.409
Employment “in connection with the operation or maintenance” is exempt.
Section 780.500
Scope and significance of interpretative bulletin.
Section 780.501
Statutory provision.
Section 780.502
Legislative history of exemption.
Section 780.503
What determines the application of the exemption.
Section 780.504
Basic conditions of exemption.
Section 780.505
Definition of “shade-grown tobacco.”
Section 780.506
Dependence of exemption on shade-grown tobacco operations.
Section 780.507
“Such tobacco.”
Section 780.508
Application of the exemption.
Section 780.509
Agriculture.
Section 780.510
“Any agricultural employee.”
Section 780.511
Meaning of “agricultural employee.”
Section 780.512
“Employed in the growing and harvesting.”
Section 780.513
What employment in growing and harvesting is sufficient.
Section 780.514
“Growing” and “harvesting.”
Section 780.515
Processing requirements of section 13(a)(14).
Section 780.516
“Prior to the stemming process.”
Section 780.517
“For use as Cigar-wrapper tobacco.”
Section 780.518
Exempt processing operations.
Section 780.519
General scope of exempt operations.
Section 780.520
Particular operations which may be exempt.
Section 780.521
Other processing operations.
Section 780.522
Nonprocessing employees.
Section 780.600
Scope and significance of interpretative bulletin.
Section 780.601
Statutory provision.
Section 780.602
General explanatory statement.
Section 780.603
What determines application of exemption.
Section 780.604
General requirements.
Section 780.605
Employment in agriculture.
Section 780.606
Interpretation of term “agriculture.”
Section 780.607
“Primarily employed” in agriculture.
Section 780.608
“During his workweek.”
Section 780.609
Workweek unit in applying the exemption.
Section 780.610
Workweek exclusively in exempt work.
Section 780.611
Workweek exclusively in agriculture.
Section 780.612
Employment by a “farmer.”
Section 780.613
“By such farmer.”
Section 780.614
Definition of a farmer.
Section 780.615
Raising of livestock.
Section 780.616
Operations included in raising livestock.
Section 780.617
Adjunct livestock auction operations.
Section 780.618
“His own account”—“in conjunction with other farmers.”
Section 780.619
Work “in connection with” livestock auction operations.
Section 780.620
Minimum wage for livestock auction work.
Section 780.621
No overtime wages in exempt week.
Section 780.700
Scope and significance of interpretative bulletin.
Section 780.701
Statutory provision.
Section 780.702
What determines application of the exemption.
Section 780.703
Basic requirements for exemption.
Section 780.704
Dependence of exemption on nature of employing establishment.
Section 780.705
Meaning of “establishment.”
Section 780.706
Recognition of character of establishment.
Section 780.707
Establishments “commonly recognized” as country elevators.
Section 780.708
A country elevator is located near and serves farmers.
Section 780.709
Size and equipment of a country elevator.
Section 780.710
A country elevator may sell products and services to farmers.
Section 780.711
Exemption of mixed business applies only to country elevators.
Section 780.712
Limitation of exemption to establishments with five or fewer employees.
Section 780.713
Determining the number of employees generally.
Section 780.714
Employees employed “in such operations” to be counted.
Section 780.715
Counting employees “employed in the establishment.”
Section 780.716
Exemption of employees “employed * * * by” the establishment.
Section 780.717
Determining whether there is employment “by” the establishment.
Section 780.718
Employees who may be exempt.
Section 780.719
Employees not employed “by” the elevator establishment.
Section 780.720
“Area of production” requirement of exemption.
Section 780.721
Employment in the particular workweek as test of exemption.
Section 780.722
Exempt workweeks.
Section 780.723
Exempt and nonexempt employment.
Section 780.724
Work exempt under another section of the Act.
Section 780.800
Scope and significance of interpretative bulletin.
Section 780.801
Statutory provisions.
Section 780.802
What determines application of the exemption.
Section 780.803
Basic conditions of exemption; first part, ginning of cotton.
Section 780.804
“Ginning” of cotton.
Section 780.805
Ginning of “cotton.”
Section 780.806
Exempt ginning limited to first processing.
Section 780.807
Cotton must be ginned “for market.”
Section 780.808
Who may qualify for the exemption generally.
Section 780.809
Employees engaged in exempt operations.
Section 780.810
Employees not “engaged in” ginning.
Section 780.811
Exemption dependent upon place of employment generally.
Section 780.812
“County.”
Section 780.813
“County where cotton is grown.”
Section 780.814
“Grown in commercial quantities.”
Section 780.815
Basic conditions of exemption; second part, processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap.
Section 780.816
Processing of specific commodities.
Section 780.817
Employees engaged in processing.
Section 780.818
Employees not engaged in processing.
Section 780.819
Production must be of unrefined sugar or syrup.
Section 780.900
Scope and significance of interpretative bulletin.
Section 780.901
Statutory provisions.
Section 780.902
Legislative history of exemption.
Section 780.903
General scope of exemption.
Section 780.904
What determines the exemption.
Section 780.905
Employers who may claim exemption.
Section 780.906
Requisites for exemption generally.
Section 780.907
“Fruits or vegetables.”
Section 780.908
Relation of employee's work to specified transportation.
Section 780.909
“Transportation.”
Section 780.910
Engagement in transportation and preparation.
Section 780.911
Preparation for transportation.
Section 780.912
Exempt preparation.
Section 780.913
Nonexempt preparation.
Section 780.914
“From the farm.”
Section 780.915
“Place of first processing.”
Section 780.916
“Place of * * * first marketing.”
Section 780.917
“Within the same State.”
Section 780.918
Requisites for exemption generally.
Section 780.919
Engagement “in transportation” of harvest workers.
Section 780.920
Workers transported must be fruit or vegetable harvest workers.
Section 780.921
Persons “employed or to be employed” in fruit or vegetable harvesting.
Section 780.922
“Harvesting” of fruits or vegetables.
Section 780.923
“Between the farm and any point within the same State.”
Section 780.1000
Scope and significance of interpretative bulletin.
Section 780.1001
General explanatory statement.
Section 780.1002
Statutory requirements.
Section 780.1003
What determines the application of the exemption.
Section 780.1004
General requirements.
Section 780.1005
Homeworkers.
Section 780.1006
In or about a home.
Section 780.1007
Exemption is inapplicable if wreath-making is not in or about a home.
Section 780.1008
Examples of places not considered homes.
Section 780.1009
Wreaths.
Section 780.1010
Principally.
Section 780.1011
Evergreens.
Section 780.1012
Other evergreens.
Section 780.1013
Natural evergreens.
Section 780.1014
Harvesting.
Section 780.1015
Other forest products.
Section 780.1016
Use of evergreens and forest products.