Page 4455 5 556677777 7889666 Par. 1. Introduction. TABLE OF CONTENTS SECTION 13 (a) (6) and 3 (F) 2. Definition of "agriculture". 3. Cultivation and tillage of the soil 4. Dairying 5. Production, cultivation, growing, and harvesting of any agricultural or (a) Meaning of expression "production, cultivation, growing, and (d) Greenhouses or hotbeds (e) Nurseries_. 6. Raising of livestock__ 7. Raising of bees__. 8. Raising of fur-bearing animals_ 9. Raising of poultry.. 10. Practices performed by a farmer as an incident to or in conjunction with farming operations_. (a) Forestry or lumbering operations_ (b) Preparation for market__ (c) Delivery to storage__ (d) Delivery to market.. (e) Delivery to carriers for transportation to market_ (f) Other practices performed by a farmer... 11. Practices performed on a farm as an incident to or in conjunction with 12. Office workers, etc.. 13. Commission brokers___ SECTION 7 (c) 14. List of exemptions granted by section 7 (c)_. 15. First processing of milk, etc., into dairy products. 17. Processing of cottonseed_. 18. Processing of sugar beets, sugar-beet molasses, sugarcane, or maple sap- 23. Explanation of which employees in place of employment are exempt.. 10 11 12 12 13 13 14 15 15 16 16 (b) Canning of fresh vegetables and dry lines at same time and in 16 24. Fourteen workweeks exemption period_-- 17 A 2 26. Handling of agricultural or horticultural commodities... 33. Preparing in their raw or natural state of agricultural or horticultural 34. Canning of agricultural or horticultural commodities_ 35. Making cheese or butter or other dairy products--- 36. Other nonexempt operations__. 37. Employees engaged in both exempt and nonexempt operations--- Exemption of Agriculture; and on the exemptions for Processing Agricultural Commodities Introduction 1. Section 13 (a) (6) renders the wage and hour provisions of the act inapplicable to employees employed in "agriculture," as that term is defined in section 3 (f); section 7 (c) renders the hour provisions of the act totally or partially inapplicable to employees of employers engaged in certain types of operations upon agricultural or horticultural commodities, dairy products, poultry, or livestock; and section 13 (a) (10) renders the wage and hour provisions of the act inapplicable to persons employed in certain types of activities with respect to agricultural or horticultural commodities or employed in making dairy products. This bulletin will set forth the construction of these sections which will guide the administrator in the performance of his administrative duties unless he is directed otherwise by authoritative rulings of the courts or unless he shall subsequently decide that his prior interpretation is incorrect. The bulletin will not deal with the question of what employees engaged in agriculture or in the processing of agricultural products are engaged "in (interstate) commerce or in the production of goods for (interstate) commerce" so as to entitle them to the benefits of the act. For statements as to the coverage of the act, see Interpretative Bulletins Nos. 1 and 5. These and other interpretative materials and regulations can be obtained on request from the Wage and Hour Division. Agriculture 2. Section 13 (a) (6) of the Fair Labor Standards Act exempts from both the wage and hour provisions "any employee employed in agriculture." "Agriculture" is defined in section 3 (f) as follows: 666 'Agriculture' includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15 (g) of the Agricultural Marketing Act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market." 4 |