29 C.F.R. § 780.918   Requisites for exemption generally.


Title 29 - Labor


Title 29: 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)
Exempt Transportation of Fruit or Vegetable Harvest Employees

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§ 780.918   Requisites for exemption generally.

Section 13(b)(16), in clause (B), provides an exemption from the minimum wage and overtime pay provisions of the Act for an employee during any workweek in which all the following conditions are satisfied:

(a) The employee must be engaged “in transportation” of harvest workers; and

(b) The harvest workers transported must be “persons employed or to be employed in the harvesting of fruits or vegetables”; and

(c) The employee's transportation of such harvest workers must be “between the farm and any point within the same State.”

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