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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of November 19, 2009
TITLE 29--Labor
Subtitle B--REGULATIONS RELATING TO LABOR
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
SUBCHAPTER B--STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
PART 780--EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT
Subpart A--INTRODUCTORY
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| Purpose of interpretative bulletins in this part. |
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| General scope of the Act. |
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| Exemptions from Act's requirements. |
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| Exemptions discussed in this part. |
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| Matters not discussed in this part. |
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| Significance of official interpretations. |
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| Basic support for interpretations. |
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| Reliance on interpretations. |
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| Interpretations made,, and superseded by this part. |
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| Related exemptions are interpreted together. |
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| Workweek standard in applying exemptions. |
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| Exempt and nonexempt work during the same workweek. |
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| Work exempt under another section of the Act. |
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Subpart B--GENERAL SCOPE OF AGRICULTURE
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| Scope and significance of interpretative bulletin. |
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| Matters discussed in this subpart. |
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| Pay requirements for agricultural employees. |
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| ''Agriculture'' as defined by the Act. |
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| How modern specialization affects the scope of agriculture. |
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| ''Primary'' and ''secondary'' agriculture under section 3(f). |
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| Employment in ''primary'' agriculture is farming regardless of why or where work is performed. |
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| Scope of the statutory term. |
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| Determination of whether unlisted activities are ''farming.'' |
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| Operations included in ''cultivation and tillage of the soil.'' |
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| ''Dairying'' as a farming operation. |
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| General meaning of ''agriculture or horticultural commodities.'' |
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| Commodities included by reference to the Agricultural Marketing Act. |
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| ''Production, cultivation, growing.'' |
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| Employment in the specified operations generally. |
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| Raising of ''livestock.'' |
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| What constitutes ''raising'' of livestock. |
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| Activities relating to race horses. |
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| Raising of fur-bearing animals. |
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| Raising of poultry in general. |
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| Contract arrangements for raising poultry. |
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| General statement on ''secondary'' agriculture. |
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| Required relationship of practices to farming operations. |
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| Performance ''by a farmer'' generally. |
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| Operations which constitute one a ''farmer.'' |
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| Operations must be performed ''by'' a farmer. |
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| Farmers' cooperative as a ''farmer.'' |
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| Performance ''on a farm'' generally. |
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| Employment in practices on a farm. |
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| Practices must be performed in connection with farmer's own farming. |
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| Application of the general principles. |
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| Place of performing the practice as a factor. |
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| Practices must relate to farming operations on the particular farm. |
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| Practices on a farm not related to farming operations. |
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| Practices on a farm not performed for the farmer. |
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| ''As an incident to or in conjunction with'' the farming operations. |
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| The relationship is determined by consideration of all relevant factors. |
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| Importance of relationship of the practice to farming generally. |
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| Practices performed on farm products--special factors considered. |
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| ''Any'' practices meeting the requirements will qualify for exemption. |
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| Named practices as well as others must meet the requirements. |
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| Scope and limits of ''preparation for market.'' |
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| Particular operations on commodities. |
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| General scope of specified delivery operations. |
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| Delivery ''to carriers for transportation to market.'' |
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| Transportation of farm products from the fields or farm. |
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| Other transportation incident to farming. |
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| Examples of other practices within section 3(f) if requirements are met. |
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Subpart C--AGRICULTURE AS IT RELATES TO SPECIFIC SITUATIONS
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| Inclusion of forestry or lumbering operations in agriculture is limited. |
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| Meaning of ''forestry or lumbering operations.'' |
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| Subordination to farming operations is necessary for exemption. |
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| Performance of operations on a farm but not by the farmer. |
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| Number of employees engaged in operations not material. |
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| Nursery activities generally. |
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| Planting and lawn mowing. |
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| Operations with respect to wild plants. |
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| Forest and Christmas tree activities. |
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| Packing, storage, warehousing, and sale of nursery products. |
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| The typical hatchery operations constitute ''agriculture.'' |
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| Contract production of hatching eggs. |
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| Hatchery employees working on farms. |
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| Feed sales and other activities. |
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| Meaning of forestry or lumbering operations. |
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| Nursery activities generally and Christmas tree production. |
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Subpart D--EMPLOYMENT IN AGRICULTURE THAT IS EXEMPTED FROM THE MINIMUM WAGE AND OVERTIME PAY REQUIREMENTS UNDER SECTION 13(A)(6)
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| Statutory exemptions in section 13(a)(6). |
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| Other pertinent statutory provisions. |
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| Basic conditions of section 13 (a)(6)(A). |
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| Exemption applicable on employee basis. |
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| ''Employed by an employer.'' |
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| Calendar quarter of the preceding calendar year defined. |
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| Exemption for employer's immediate family. |
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| Definition of immediate family. |
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| Exemption for local hand harvest laborers. |
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| Basic conditions of section 13(a)(6)(C). |
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| ''Hand harvest laborer'' defined. |
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| Operations customarily * * * paid on a piece rate basis * * *. |
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| Local hand harvest laborers. |
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| Exemption for nonlocal minors. |
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| Basic conditions of exemption. |
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| Minors 16 years of age or under. |
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| Is employed on the same farm as his parent or persons standing in the place of his parent. |
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| Exemption for range production of livestock. |
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| Requirements for the exemption to apply. |
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| Sharecroppers and tenant farmers. |
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| Crew leaders and labor contractors. |
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| Exchange of labor between farmers. |
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Subpart E--EMPLOYMENT IN AGRICULTURE OR IRRIGATION THAT IS EXEMPTED FROM THE OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(12)
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| General explanatory statement. |
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| The general guides for applying the exemption. |
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| Employee basis of exemption under section 13(b)(12). |
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| Activities of the employer considered in some situations. |
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| Exemption is direct and does not mean activities are agriculture. |
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| Exemption is from overtime only. |
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| System must be nonprofit or operated on a share-crop basis. |
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| Facilities of system must be used exclusively for agricultural purposes. |
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| Employment ''in connection with the operation or maintenance'' is exempt. |
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Subpart F--EMPLOYMENT OR AGRICULTURAL EMPLOYEES IN PROCESSING SHADE-GROWN TOBACCO; EXEMPTION FROM MINIMUM WAGE AND OVERTIME PAY REQUIREMENTS UNDER SECTION 13(A)(14)
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| Scope and significance of interpretative bulletin. |
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| Legislative history of exemption. |
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| What determines the application of the exemption. |
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| Basic conditions of exemption. |
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| Definition of ''shade-grown tobacco.'' |
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| Dependence of exemption on shade-grown tobacco operations. |
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| Application of the exemption. |
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| ''Any agricultural employee.'' |
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| Meaning of ''agricultural employee.'' |
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| ''Employed in the growing and harvesting.'' |
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| What employment in growing and harvesting is sufficient. |
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| ''Growing'' and ''harvesting.'' |
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| Processing requirements of section 13(a)(14). |
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| ''Prior to the stemming process.'' |
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| ''For use as Cigar-wrapper tobacco.'' |
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| Exempt processing operations. |
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| General scope of exempt operations. |
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| Particular operations which may be exempt. |
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| Other processing operations. |
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Subpart G--EMPLOYMENT IN AGRICULTURE AND LIVESTOCK AUCTION OPERATIONS UNDER THE SECTION 13(B)(13) EXEMPTION
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| Scope and significance of interpretative bulletin. |
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| General explanatory statement. |
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| What determines application of exemption. |
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| Employment in agriculture. |
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| Interpretation of term ''agriculture.'' |
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| ''Primarily employed'' in agriculture. |
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| Workweek unit in applying the exemption. |
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| Workweek exclusively in exempt work. |
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| Workweek exclusively in agriculture. |
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| Employment by a ''farmer.'' |
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| Operations included in raising livestock. |
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| Adjunct livestock auction operations. |
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| ''His own account''--''in conjunction with other farmers.'' |
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| Work ''in connection with'' livestock auction operations. |
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| Minimum wage for livestock auction work. |
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| No overtime wages in exempt week. |
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Subpart H--EMPLOYMENT BY SMALL COUNTRY ELEVATORS WITHIN AREA OF PRODUCTION; EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(14)
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| Scope and significance of interpretative bulletin. |
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| What determines application of the exemption. |
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| Basic requirements for exemption. |
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| Dependence of exemption on nature of employing establishment. |
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| Meaning of ''establishment.'' |
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| Recognition of character of establishment. |
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| Establishments ''commonly recognized'' as country elevators. |
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| A country elevator is located near and serves farmers. |
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| Size and equipment of a country elevator. |
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| A country elevator may sell products and services to farmers. |
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| Exemption of mixed business applies only to country elevators. |
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| Limitation of exemption to establishments with five or fewer employees. |
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| Determining the number of employees generally. |
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| Employees employed ''in such operations'' to be counted. |
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| Counting employees ''employed in the establishment.'' |
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| Exemption of employees ''employed * * * by'' the establishment. |
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| Determining whether there is employment ''by'' the establishment. |
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| Employees who may be exempt. |
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| Employees not employed ''by'' the elevator establishment. |
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| ''Area of production'' requirement of exemption. |
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| Employment in the particular workweek as test of exemption. |
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| Exempt and nonexempt employment. |
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| Work exempt under another section of the Act. |
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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)
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| Scope and significance of interpretative bulletin. |
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| What determines application of the exemption. |
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| Basic conditions of exemption; first part, ginning of cotton. |
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| Exempt ginning limited to first processing. |
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| Cotton must be ginned ''for market.'' |
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| Who may qualify for the exemption generally. |
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| Employees engaged in exempt operations. |
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| Employees not ''engaged in'' ginning. |
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| Exemption dependent upon place of employment generally. |
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| ''County where cotton is grown.'' |
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| ''Grown in commercial quantities.'' |
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| Basic conditions of exemption; second part, processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap. |
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| Processing of specific commodities. |
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| Employees engaged in processing. |
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| Employees not engaged in processing. |
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| Production must be of unrefined sugar or syrup. |
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Subpart J--EMPLOYMENT IN FRUIT AND VEGETABLE HARVEST TRANSPORTATION; EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(16)
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| Scope and significance of interpretative bulletin. |
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| Legislative history of exemption. |
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| General scope of exemption. |
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| What determines the exemption. |
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| Employers who may claim exemption. |
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| Requisites for exemption generally. |
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| ''Fruits or vegetables.'' |
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| Relation of employee's work to specified transportation. |
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| Engagement in transportation and preparation. |
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| Preparation for transportation. |
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| ''Place of first processing.'' |
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| ''Place of * * * first marketing.'' |
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| ''Within the same State.'' |
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| Requisites for exemption generally. |
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| Engagement ''in transportation'' of harvest workers. |
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| Workers transported must be fruit or vegetable harvest workers. |
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| Persons ''employed or to be employed'' in fruit or vegetable harvesting. |
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| ''Harvesting'' of fruits or vegetables. |
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| ''Between the farm and any point within the same State.'' |
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Subpart K--EMPLOYMENT OF HOME- WORKERS IN MAKING WREATHS; EXEMPTION FROM MINIMUM WAGE, OVERTIME COMPENSATION, AND CHILD LABOR PROVISIONS UNDER SECTION 13(D)
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| Scope and significance of interpretative bulletin. |
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| General explanatory statement. |
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| What determines the application of the exemption. |
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| Exemption is inapplicable if wreath-making is not in or about a home. |
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| Examples of places not considered homes. |
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| Use of evergreens and forest products. |
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