Part 780 — Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act
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- § 780.8— Interpretations made, continued, and superseded by this part.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
- § 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).
- § 780.106— Employment in “primary” agriculture is farming regardless of why or where work is performed.
- § 780.107— Scope of the statutory term.
- § 780.108— Listed activities.
- § 780.109— Determination of whether unlisted activities are “farming.”
- § 780.110— Operations included in “cultivation and tillage of the soil.”
- § 780.111— “Dairying” as a farming operation.
- § 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.
- § 780.117— “Production, cultivation, growing.”
- § 780.118— “Harvesting.”
- § 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.
- § 780.128— General statement on “secondary” agriculture.
- § 780.129— Required relationship of practices to farming operations.
- § 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.”
- § 780.134— Performance “on a farm” generally.
- § 780.135— Meaning of “farm.”
- § 780.136— Employment in practices on a farm.
- § 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.
- § 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.
- § 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.
- § 780.148— “Any” practices meeting the requirements will qualify for exemption.
- § 780.149— Named practices as well as others must meet the requirements.
- § 780.150— Scope and limits of “preparation for market.”
- § 780.151— Particular operations on commodities.
- § 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.”
- § 780.156— Transportation of farm products from the fields or farm.
- § 780.157— Other transportation incident to farming.
- § 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
- § 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.
- § 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.
- § 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)
- § 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.
- § 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)
- § 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.
- § 780.504— Basic conditions of exemption.
- § 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.”
- § 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
- § 780.600— Scope and significance of interpretative bulletin.
- § 780.601— Statutory provision.
- § 780.602— General explanatory statement.
- § 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.
- § 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)
- § 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.
- § 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.
- § 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.”
- § 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.
- § 780.720— “Area of production” requirement 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)
- § 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.
- § 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.”
- § 780.808— Who may qualify for the exemption generally.
- § 780.809— Employees engaged in exempt operations.
- § 780.810— Employees not “engaged in” ginning.
- § 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)
- § 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.
- § 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.”
- § 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)
- § 780.1000— Scope and significance of interpretative bulletin.
- § 780.1001— General explanatory statement.
- § 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.