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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 780  

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

 

 

 

Subpart B  

General Scope of Agriculture


29 CFR 780.130 - Performance ``by a farmer'' generally.

  • Section Number: 780.130
  • Section Name: Performance ``by a farmer'' generally.

    Among other things, a practice must be performed by a farmer or on a 
farm in order to come within the secondary portion of the definition of 
``agriculture.'' No precise lines can be drawn which will serve to 
delimit the term ``farmer'' in all cases. Essentially, however, the term 
is an occupational title and the employer must be engaged in activities 
of a type and to the extent that the person ordinarily regarded as a 
``farmer'' is engaged in order to qualify for the title. If this test is 
met, it is immaterial for what purpose he engages in farming or whether 
farming is his sole occupation. Thus, an employer's status as a 
``farmer'' is not altered by the fact that his only purpose is to obtain 
products useful to him in a non-farming enterprise which he conducts. 
For example, an employer engaged in raising nursery stock is a 
``farmer'' for purposes of section 3(f) even though his purpose is to 
supply goods for a separate establishment where he engages in the retail 
distribution of nursery products. The term ``farmer'' as used in section 
3(f) is not confined to individual persons. Thus an association, a 
partnership, or a corporation which engages in actual farming operations 
may be a ``farmer'' (see Mitchell v. Budd, 350 U.S. 473). This is so 
even where it operates ``what might be called the agricultural analogue 
of the modern industrial assembly line'' (Maneja v. Waialua, 349 U.S. 
254).
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