29 CFR Part 780
PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT
- PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT
- Subtitle B—Regulations Relating to Labor › Chapter V—Wage and Hour Division, Department of Labor › Subchapter B—Statements of General Policy or Interpretation Not Directly Related to Regulations
- 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- § 780.8 Interpretations made, continued, and superseded by this part.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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.”
- § 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 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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