29 C.F.R. PART 780--EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT
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| Interpretations made,, and superseded by this part.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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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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