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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 J  

Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)


29 CFR 780.923 - ``Between the farm and any point within the same State.''

  • Section Number: 780.923
  • Section Name: ``Between the farm and any point within the same State.''

    The transportation of fruit or vegetable harvest workers is 
permitted ``between the farm and any point within the same State''. The 
exempt transportation of such harvest workers therefore includes their 
movement to and from the farm (see 107 Cong. Rec. (daily ed.) p. 4523). 
Such transportation must, however, be from or to points ``within the 
same State'' in which the farm is located. Crossing of State lines is 
not contemplated. Thus, the exemption would not apply to day-haul 
transportation of fruit or vegetable harvest workers between a town in 
one State and farms located in another State. Also, the intent to exempt 
``transportation of the harvest crew to and from the farm'' (see 107 
Cong. Rec. (daily ed.) p. 4523) within a single State would not justify 
exemption of the transportation of workers from one State to another to 
engage in harvest work in the latter State. The exemption does not apply 
to transportation of persons on any trip, or any portion of a trip, in 
which the point of origin or point of destination is in another State. 
Subject to these limitations, however, where employees are being 
transported for employment in harvesting they may be picked up in any 
place within the State, including
other farms, packing or processing establishments, factories, 
transportation terminals, and other places. The broad term ``any point'' 
must be interpreted in the light of the purpose of the exemption to 
facilitate the harvesting of fruits or vegetables. Transportation from a 
farm to ``any point'' within the same State (such as a factory or 
processing plant) where some other purpose than harvesting is served is 
not exempt.
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