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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 F  

Employment or Agricultural Employees in Processing Shade- Grown Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14)

29 CFR 780.512 - ``Employed in the growing and harvesting.''

  • Section Number: 780.512
  • Section Name: ``Employed in the growing and harvesting.'' 
    Section 13(a)(14) exempts processing operations on shade-grown 
tobacco only when performed by agricultural employees ``employed in the 
growing and harvesting'' of such tobacco. The use of the term ``and'' in 
the phrase ``growing and harvesting'' may be in recognition of the fact 
that in the raising of shade-grown tobacco the two operations are 
typically intermingled; however, it is not considered that the word 
``and'' would preclude a determination on the particular facts that an 
employee is qualified for the exemption if he is employed only in 
``growing'' or only in ``harvesting.'' Employment in work other than 
growing and harvesting of shade-grown tobacco will not satisfy the 
requirement that the employee be employed in growing and harvesting, 
even if such work is on shade-grown tobacco and constitutes 
``agriculture'' as defined in section 3(f) of the Act. For example, 
delivery of the tobacco by an employee of the farmer to the receiving 
platform of the bulking plant would be a ``delivery to market'' included 
in ``agriculture'' when performed by the farmer as an incident to or in 
conjunction with his farming operations (Mitchell v. Budd, 350 U.S. 
473), but it would not be part of ``growing and harvesting.''
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