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§ 780.8 - Interpretations made, continued, and superseded by this part.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

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.

Exemption for “Primary” Agriculture Generally

§ 780.106 - Employment in “primary” agriculture is farming regardless of why or where work is performed.

Preparation for Market

§ 780.150 - Scope and limits of “preparation for market.”

§ 780.151 - Particular operations on commodities.

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.

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.

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.

“Production, Cultivation, Growing, and Harvesting” of Commodities

§ 780.117 - “Production, cultivation, growing.”

§ 780.118 - “Harvesting.”

Production, Cultivation, Growing, and Harvesting” of 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.”

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.

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.”

Dairying

§ 780.111 - “Dairying” as a farming operation.

Such Farming Operations” - On the Farm

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.”

Such Farming Operation” - Of the Farmer

Cultivation and Tillage of the Soil

§ 780.110 - Operations included in “cultivation and tillage of the soil.”

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.

“Such Farming Operations”—On the Farm

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).

“Such Farming Operation”—of the Farmer

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.

“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.

Subpart C - Agriculture as It Relates to Specific Situations

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.

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.

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.

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)

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.

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.

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.”

Requirements for Exemption

§ 780.504 - Basic conditions of exemption.

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)

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.”

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 “Within the Area of Production”

§ 780.720 - “Area of production” requirement of exemption.

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.

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.

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)

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.

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.

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.”

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.

Subpart J - Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)

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.”

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.”

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.

Subpart K - Employment of Home- workers in Making Wreaths; Exemption From Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d)

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.

Introductory

§ 780.1000 - Scope and significance of interpretative bulletin.

§ 780.1001 - General explanatory statement.