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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| 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 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 780.817 - Employees engaged in processing.
- Section Number: 780.817
- Section Name: Employees engaged in processing.
Only those employees who are engaged in the processing will come
within the exemption. The processing of sugarcane to which the exemption
applies and in which the employee must be engaged in order to come
within it is considered to begin when the processor receives the cane
for processing and to end when the cane is processed ``into sugar (other
than refined sugar) or syrup.'' Employees engaged in the following
activities of a sugarcane processing mill are considered to be engaged
in ``the processing of'' the sugarcane into the named products, within
the meaning of the exemption:
(a) Loading of the sugarcane in the field or at a concentration
point and hauling the cane to the mill ``if performed by employees of
the mill.'' (Such activities performed by employees of some other
employer, such as an independent contractor, are not considered to be
within the exemption.)
(b) Weighing, unloading, and stacking the cane at the mill yard.
(c) Performing sampling tests (such as a trash test or sucrose
content test) on the incoming cane.
(d) Washing the cane, feeding it into the mill crushers and
crushing.
(e) Operations on the extracted cane juice in the making of raw
sugar and molasses: Juice weighing and measurement, heating,
clarification, filtration, evaporating, crystallization, centrifuging,
and handling and storing the raw sugar or molasses at the plant during
the grinding season.
(f) Laboratory analytical and testing operations at any point in the
processing or at the end of the process.
(g) Loading out raw sugar or molasses during the grinding season.
(h) Handling, baling, or storing bagasse during the grinding season.
(i) Firing boilers and other activities connected with the overall
operation of the plant machinery during grinding operations, including
cleanup and maintenance work and day-to-day repairs. (This includes shop
employees, mechanics, electricians, and employees maintaining stocks of
various items used in repairs.)
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