29 CFR § 780.906
Requisites for exemption generally
July 28, 2023
§ 780.906 Requisites for exemption generally.
Section 13(b)(16), in clause (A), provides an exemption from the overtime pay provision of the Act for an employee during any workweek in which all the following conditions are satisfied:
(a) The employee must be engaged “in the transportation and preparation for transportation of fruits and vegetables”; and
(b) Such transportation must be transportation “from the farm”; and
(c) The destination to which the fruits or vegetables are transported must be “a place of first processing or first marketing”; and
(d) The transportation must be from the farm to such destination “within the same State”.