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FEDERAL · 29 CFR

Part 780 — Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

265 sections · Title 29: Labor

§ 780.0Purpose of interpretative bulletins in this part.
§ 780.1General scope of the Act.
§ 780.2Exemptions from Act's requirements.
§ 780.3Exemptions discussed in this part.
§ 780.4Matters not discussed in this part.
§ 780.5Significance of official interpretations.
§ 780.6Basic support for interpretations.
§ 780.7Reliance on interpretations.
§ 780.8Interpretations made, continued, and superseded by this part.
§ 780.9Related exemptions are interpreted together.
§ 780.10Workweek standard in applying exemptions.
§ 780.11Exempt and nonexempt work during the same workweek.
§ 780.12Work exempt under another section of the Act.
§ 780.100Scope and significance of interpretative bulletin.
§ 780.101Matters discussed in this subpart.
§ 780.102Pay requirements for agricultural employees.
§ 780.103“Agriculture” as defined by the Act.
§ 780.104How modern specialization affects the scope of agriculture.
§ 780.105“Primary” and “secondary” agriculture under section 3(f).
§ 780.106Employment in “primary” agriculture is farming regardless of why or where work is performed.
§ 780.107Scope of the statutory term.
§ 780.108Listed activities.
§ 780.109Determination of whether unlisted activities are “farming.”
§ 780.110Operations included in “cultivation and tillage of the soil.”
§ 780.111“Dairying” as a farming operation.
§ 780.112General meaning of “agriculture or horticultural commodities.”
§ 780.113Seeds, spawn, etc.
§ 780.114Wild commodities.
§ 780.115Forest products.
§ 780.116Commodities included by reference to the Agricultural Marketing Act.
§ 780.117“Production, cultivation, growing.”
§ 780.118“Harvesting.”
§ 780.119Employment in the specified operations generally.
§ 780.120Raising of “livestock.”
§ 780.121What constitutes “raising” of livestock.
§ 780.122Activities relating to race horses.
§ 780.123Raising of bees.
§ 780.124Raising of fur-bearing animals.
§ 780.125Raising of poultry in general.
§ 780.126Contract arrangements for raising poultry.
§ 780.127Hatchery operations.
§ 780.128General statement on “secondary” agriculture.
§ 780.129Required relationship of practices to farming operations.
§ 780.130Performance “by a farmer” generally.
§ 780.131Operations which constitute one a “farmer.”
§ 780.132Operations must be performed “by” a farmer.
§ 780.133Farmers' cooperative as a “farmer.”
§ 780.134Performance “on a farm” generally.
§ 780.135Meaning of “farm.”
§ 780.136Employment in practices on a farm.
§ 780.137Practices must be performed in connection with farmer's own farming.
§ 780.138Application of the general principles.
§ 780.139Pea vining.
§ 780.140Place of performing the practice as a factor.
§ 780.141Practices must relate to farming operations on the particular farm.
§ 780.142Practices on a farm not related to farming operations.
§ 780.143Practices on a farm not performed for the farmer.
§ 780.144“As an incident to or in conjunction with” the farming operations.
§ 780.145The relationship is determined by consideration of all relevant factors.
§ 780.146Importance of relationship of the practice to farming generally.
§ 780.147Practices performed on farm products—special factors considered.
§ 780.148“Any” practices meeting the requirements will qualify for exemption.
§ 780.149Named practices as well as others must meet the requirements.
§ 780.150Scope and limits of “preparation for market.”
§ 780.151Particular operations on commodities.
§ 780.152General scope of specified delivery operations.
§ 780.153Delivery “to storage.”
§ 780.154Delivery “to market.”
§ 780.155Delivery “to carriers for transportation to market.”
§ 780.156Transportation of farm products from the fields or farm.
§ 780.157Other transportation incident to farming.
§ 780.158Examples of other practices within section 3(f) if requirements are met.
§ 780.159Forest products.
§ 780.200Inclusion of forestry or lumbering operations in agriculture is limited.
§ 780.201Meaning of “forestry or lumbering operations.”
§ 780.202Subordination to farming operations is necessary for exemption.
§ 780.203Performance of operations on a farm but not by the farmer.
§ 780.204Number of employees engaged in operations not material.
§ 780.205Nursery activities generally.
§ 780.206Planting and lawn mowing.
§ 780.207Operations with respect to wild plants.
§ 780.208Forest and Christmas tree activities.
§ 780.209Packing, storage, warehousing, and sale of nursery products.
§ 780.210The typical hatchery operations constitute “agriculture.”
§ 780.211Contract production of hatching eggs.
§ 780.212Hatchery employees working on farms.
§ 780.213Produce business.
§ 780.214Feed sales and other activities.
§ 780.215Meaning of forestry or lumbering operations.
§ 780.216Nursery activities generally and Christmas tree production.
§ 780.217Forestry activities.
§ 780.300Statutory exemptions in section 13(a)(6).
§ 780.301Other pertinent statutory provisions.
§ 780.302Basic conditions of section 13 (a)(6)(A).
§ 780.303Exemption applicable on employee basis.
§ 780.304“Employed by an employer.”
§ 780.305500 man-day provision.
§ 780.306Calendar quarter of the preceding calendar year defined.
§ 780.307Exemption for employer's immediate family.
§ 780.308Definition of immediate family.
§ 780.309Man-day exclusion.
§ 780.310Exemption for local hand harvest laborers.
§ 780.311Basic conditions of section 13(a)(6)(C).
§ 780.312“Hand harvest laborer” defined.
§ 780.313Piece rate basis.
§ 780.314Operations customarily * * * paid on a piece rate basis * * *.
§ 780.315Local hand harvest laborers.
§ 780.316Thirteen week provision.
§ 780.317Man-day exclusion.
§ 780.318Exemption for nonlocal minors.
§ 780.319Basic conditions of exemption.
§ 780.320Nonlocal minors.
§ 780.321Minors 16 years of age or under.
§ 780.322Is employed on the same farm as his parent or persons standing in the place of his parent.
§ 780.323Exemption for range production of livestock.
§ 780.324Requirements for the exemption to apply.
§ 780.325Principally engaged.
§ 780.326On the range.
§ 780.327Production of livestock.
§ 780.328Meaning of livestock.
§ 780.329Exempt work.
§ 780.330Sharecroppers and tenant farmers.
§ 780.331Crew leaders and labor contractors.
§ 780.332Exchange of labor between farmers.
§ 780.400Statutory provisions.
§ 780.401General explanatory statement.
§ 780.402The general guides for applying the exemption.
§ 780.403Employee basis of exemption under section 13(b)(12).
§ 780.404Activities of the employer considered in some situations.
§ 780.405Exemption is direct and does not mean activities are agriculture.
§ 780.406Exemption is from overtime only.
§ 780.407System must be nonprofit or operated on a share-crop basis.
§ 780.408Facilities of system at least 90 percent of which was used for agricultural purposes.
§ 780.409Employment “in connection with the operation or maintenance” is exempt.
§ 780.500Scope and significance of interpretative bulletin.
§ 780.501Statutory provision.
§ 780.502Legislative history of exemption.
§ 780.503What determines the application of the exemption.
§ 780.504Basic conditions of exemption.
§ 780.505Definition of “shade-grown tobacco.”
§ 780.506Dependence of exemption on shade-grown tobacco operations.
§ 780.507“Such tobacco.”
§ 780.508Application of the exemption.
§ 780.509Agriculture.
§ 780.510“Any agricultural employee.”
§ 780.511Meaning of “agricultural employee.”
§ 780.512“Employed in the growing and harvesting.”
§ 780.513What employment in growing and harvesting is sufficient.
§ 780.514“Growing” and “harvesting.”
§ 780.515Processing requirements of section 13(a)(14).
§ 780.516“Prior to the stemming process.”
§ 780.517“For use as Cigar-wrapper tobacco.”
§ 780.518Exempt processing operations.
§ 780.519General scope of exempt operations.
§ 780.520Particular operations which may be exempt.
§ 780.521Other processing operations.
§ 780.522Nonprocessing employees.
§ 780.600Scope and significance of interpretative bulletin.
§ 780.601Statutory provision.
§ 780.602General explanatory statement.
§ 780.603What determines application of exemption.
§ 780.604General requirements.
§ 780.605Employment in agriculture.
§ 780.606Interpretation of term “agriculture.”
§ 780.607“Primarily employed” in agriculture.
§ 780.608“During his workweek.”
§ 780.609Workweek unit in applying the exemption.
§ 780.610Workweek exclusively in exempt work.
§ 780.611Workweek exclusively in agriculture.
§ 780.612Employment by a “farmer.”
§ 780.613“By such farmer.”
§ 780.614Definition of a farmer.
§ 780.615Raising of livestock.
§ 780.616Operations included in raising livestock.
§ 780.617Adjunct livestock auction operations.
§ 780.618“His own account”—“in conjunction with other farmers.”
§ 780.619Work “in connection with” livestock auction operations.
§ 780.620Minimum wage for livestock auction work.
§ 780.621No overtime wages in exempt week.
§ 780.700Scope and significance of interpretative bulletin.
§ 780.701Statutory provision.
§ 780.702What determines application of the exemption.
§ 780.703Basic requirements for exemption.
§ 780.704Dependence of exemption on nature of employing establishment.
§ 780.705Meaning of “establishment.”
§ 780.706Recognition of character of establishment.
§ 780.707Establishments “commonly recognized” as country elevators.
§ 780.708A country elevator is located near and serves farmers.
§ 780.709Size and equipment of a country elevator.
§ 780.710A country elevator may sell products and services to farmers.
§ 780.711Exemption of mixed business applies only to country elevators.
§ 780.712Limitation of exemption to establishments with five or fewer employees.
§ 780.713Determining the number of employees generally.
§ 780.714Employees employed “in such operations” to be counted.
§ 780.715Counting employees “employed in the establishment.”
§ 780.716Exemption of employees “employed * * * by” the establishment.
§ 780.717Determining whether there is employment “by” the establishment.
§ 780.718Employees who may be exempt.
§ 780.719Employees not employed “by” the elevator establishment.
§ 780.720“Area of production” requirement of exemption.
§ 780.721Employment in the particular workweek as test of exemption.
§ 780.722Exempt workweeks.
§ 780.723Exempt and nonexempt employment.
§ 780.724Work exempt under another section of the Act.
§ 780.800Scope and significance of interpretative bulletin.
§ 780.801Statutory provisions.
§ 780.802What determines application of the exemption.
§ 780.803Basic conditions of exemption; first part, ginning of cotton.
§ 780.804“Ginning” of cotton.
§ 780.805Ginning of “cotton.”
§ 780.806Exempt ginning limited to first processing.
§ 780.807Cotton must be ginned “for market.”
§ 780.808Who may qualify for the exemption generally.
§ 780.809Employees engaged in exempt operations.
§ 780.810Employees not “engaged in” ginning.
§ 780.811Exemption dependent upon place of employment generally.
§ 780.812“County.”
§ 780.813“County where cotton is grown.”
§ 780.814“Grown in commercial quantities.”
§ 780.815Basic conditions of exemption; second part, processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap.
§ 780.816Processing of specific commodities.
§ 780.817Employees engaged in processing.
§ 780.818Employees not engaged in processing.
§ 780.819Production must be of unrefined sugar or syrup.
§ 780.900Scope and significance of interpretative bulletin.
§ 780.901Statutory provisions.
§ 780.902Legislative history of exemption.
§ 780.903General scope of exemption.
§ 780.904What determines the exemption.
§ 780.905Employers who may claim exemption.
§ 780.906Requisites for exemption generally.
§ 780.907“Fruits or vegetables.”
§ 780.908Relation of employee's work to specified transportation.
§ 780.909“Transportation.”
§ 780.910Engagement in transportation and preparation.
§ 780.911Preparation for transportation.
§ 780.912Exempt preparation.
§ 780.913Nonexempt preparation.
§ 780.914“From the farm.”
§ 780.915“Place of first processing.”
§ 780.916“Place of * * * first marketing.”
§ 780.917“Within the same State.”
§ 780.918Requisites for exemption generally.
§ 780.919Engagement “in transportation” of harvest workers.
§ 780.920Workers transported must be fruit or vegetable harvest workers.
§ 780.921Persons “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.”
§ 780.1000Scope and significance of interpretative bulletin.
§ 780.1001General explanatory statement.
§ 780.1002Statutory requirements.
§ 780.1003What determines the application of the exemption.
§ 780.1004General requirements.
§ 780.1005Homeworkers.
§ 780.1006In or about a home.
§ 780.1007Exemption is inapplicable if wreath-making is not in or about a home.
§ 780.1008Examples of places not considered homes.
§ 780.1009Wreaths.
§ 780.1010Principally.
§ 780.1011Evergreens.
§ 780.1012Other evergreens.
§ 780.1013Natural evergreens.
§ 780.1014Harvesting.
§ 780.1015Other forest products.
§ 780.1016Use of evergreens and forest products.