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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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| Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption |
The Act does not define the term ``farmer.'' Whether an employer is a ``farmer'' within the meaning of section 13(b)(13) must be determined by consideration of the particular facts, keeping in mind the purpose of the exemption. A full discussion of the meaning of the term ``farmer'' as used in the Act's definition of agriculture is contained in Secs. 780.130 through 780.133. Generally, as indicated in that discussion, a farmer under the Act is one who engages, as an occupation, in farming operations as a distinct activity for the purpose of producing a farm crop. A corporation or a farmers' cooperative may be a ``farmer'' if engaged in actual farming of the nature and extent there indicated.