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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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 780.134 - Performance ``on a farm'' generally.

  • Section Number: 780.134
  • Section Name: Performance ``on a farm'' generally. 
    If a practice is not performed by a farmer, it must, among other 
things, be performed ``on a farm'' to come within the secondary meaning 
of ``agriculture'' in section 3(f). Any practice which cannot be 
performed on a farm, such as ``delivery to market,'' is necessarily 
excluded, therefore, when performed by someone other than a farmer (see 
Farmers Reservoir Co. v. McComb, 337 U.S. 755; Chapman v. Durkin, 214 F. 
2d 360, cert. denied 348 U.S. 897; Fort Mason Fruit Co. v. Durkin, 214 
F. 2d 363, cert. denied 348 U.S. 897). Thus, employees of an alfalfa 
dehydrator engaged in hauling chopped or unchopped alfalfa away from the 
farms to the dehydrating plant are not employed in a practice performed 
``on a farm.''
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