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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act |
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| Subpart B | General Scope of Agriculture |
Sec.
Name
Scope and significance of interpretative bulletin. Introductory
Matters discussed in this subpart.
Pay requirements for agricultural employees.
``Agriculture'' as defined by the Act.
How modern specialization affects the scope of agriculture.
``Primary'' and ``secondary'' agriculture under section 3(f).
Employment in ``primary'' agriculture is farming regardless of why or where work is performed.
Scope of the statutory term.
Listed activities.
Determination of whether unlisted activities are ``farming.''
Operations included in ``cultivation and tillage of the soil.''
``Dairying'' as a farming operation.
General meaning of ``agriculture or horticultural commodities.''
Seeds, spawn, etc.
Wild commodities.
Forest products.
Commodities included by reference to the Agricultural Marketing Act.
``Production, cultivation, growing.''
``Harvesting.''
Employment in the specified operations generally.
Raising of ``livestock.''
What constitutes ``raising'' of livestock.
Activities relating to race horses.
Raising of bees.
Raising of fur-bearing animals.
Raising of poultry in general.
Contract arrangements for raising poultry.
Hatchery operations.
General statement on ``secondary'' agriculture.
Required relationship of practices to farming operations.
Performance ``by a farmer'' generally.
Operations which constitute one a ``farmer.''
Operations must be performed ``by'' a farmer.
Farmers' cooperative as a ``farmer.''
Performance ``on a farm'' generally.
Meaning of ``farm.''
Employment in practices on a farm.
Practices must be performed in connection with farmer's own farming.
Application of the general principles.
Pea vining.
Place of performing the practice as a factor.
Practices must relate to farming operations on the particular farm.
Practices on a farm not related to farming operations.
Practices on a farm not performed for the farmer.
``As an incident to or in conjunction with'' the farming operations.
The relationship is determined by consideration of all relevant factors.
Importance of relationship of the practice to farming generally.
Practices performed on farm products--special factors considered.
``Any'' practices meeting the requirements will qualify for exemption.
Named practices as well as others must meet the requirements.
Scope and limits of ``preparation for market.''
Particular operations on commodities.
General scope of specified delivery operations.
Delivery ``to storage.''
Delivery ``to market.''
Delivery ``to carriers for transportation to market.''
Transportation of farm products from the fields or farm.
Other transportation incident to farming.
Examples of other practices within section 3(f) if requirements are met.
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