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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 I  

Employment in Ginning of Cotton and Processing of Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15)

29 CFR 780.810 - Employees not ``engaged in'' ginning.

  • Section Number: 780.810
  • Section Name: Employees not ``engaged in'' ginning. 
    Since an employee must actually be ``engaged in'' ginning of cotton 
to come within the exemption, an employee engaged in other tasks, not an 
integral part of ``ginning'' operations, will not be exempt. (See, for 
rule that only the employees performing the work described in the 
exemption are exempt, Wirtz v. Burton Mercantile and Gin Co., Inc., 234 
F. Supp. 825, aff'd per curiam 338 F. 2d 414, cert. denied 380 U.S. 965; 
Wirtz v. Kelso Gin Co., Inc. (E.D. Ark.) 50 Labor Cases 31, 631, 16 WH 
Cases 663; Mitchell v. Stinson, 217 F. 2d 210; Phillips v. Meeker 
Cooperative Light and Power Ass'n 63 F. Supp. 743, affirmed 158 F. 2d 
698; Jenkins v. Durkin, 208 F. 2d 941; Heaburg v. Independent Oil Mill, 
Inc., 46 F. Supp. 751; Abram v. San Joaquin Cotton Oil Co., 46 F. Supp. 
969.) The following activities are among those not within the meaning of 
the term ``engaged in ginning of cotton'':
    (a) Transporting seed cotton from farms or other points to the gin.
    (b) General maintenance work (as opposed to operating repairs).
    (c) General office and custodial duties.
    (d) ``Watching'' duties.
    (e) Working in the seed house.
    (f) Transporting seed, hulls, and ginned bales away from the gin.
    (g) Any activity performed during the ``off-season.''
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