(a) Section 3(f) of the Act contains a very comprehensive definition of the term “agriculture.” The definition has two distinct branches (see Farmers Reservoir Co. v. McComb, 337 U.S. 755). One has relation to the primary meaning of agriculture; the other gives to the term a somewhat broader secondary meaning for purposes of the Act (NLRB v. Olaa Sugar Co., 242 F. 2d 714).
(b) First, there is the primary meaning. This includes farming in all its branches. Listed as being included “among other things” in the primary meaning are certain specific farming operations such as cultivation and tillage of the soil, dairying the production, cultivation, growing and harvesting of any agricultural or horticultural commodities and the raising of livestock, bees, fur-bearing animals or poultry. If an employee is employed in any of these activities, he is engaged in agriculture regardless of whether he is employed by a farmer or on a farm. (Farmers Reservoir Co. v. McComb, supra; Holtville Alfalfa Mills v. Wyatt, 230 F. 2d 398.)
(c) Then there is the secondary meaning of the term. The second branch includes operations other than those which fall within the primary meaning of the term. It includes any practices, whether or not they are themselves farming practices, which are performed either by a farmer or on a farm as an incident to or in conjunction with “such” farming operations (Farmers Reservoir Co. v. McComb, supra; NLRB v. Olaa Sugar Co., 242 F. 2d 714; Maneja v. Waialua, 349 U.S. 254).
(d) Employment not within the scope of either the primary or the secondary meaning of “agriculture” as defined in section 3(f) is not employment in agriculture. In other words, employees not employed in farming or by a farmer or on a farm are not employed in agriculture.
Notes of Decisions
Pacheco v. Whiting Farms, Inc., 365 F.3d 1199 (10th Cir. 2004).
· cites it 2× “1672 (1949); 29 C.F.R. § 780.105 (b). “Primary farming includes the raising of poultry.”
Rodriguez v. Whiting Farms, Inc., 360 F.3d 1180 (10th Cir. 2004).
“This secondary meaning includes other practices that do not themselves fit within the primary meaning of agriculture, but that' are nevertheless “performed by a farmer or on a farm as an incident to or in conjunction with such farming operations.”
Centeno-Bernuy v. Becker Farms, 564 F. Supp. 2d 166 (W.D.N.Y. 2008).
· cites it 3× “29 C.F.R. § 780.105 (a). Primary agriculture includes cultivation and tilling of soil, and growing and harvesting any agricultural commodity.”
Tullous v. Texas Aquaculture Processing Co. LLC, 579 F. Supp. 2d 811 (S.D. Tex. 2008).
· cites it 3× “1672 (1949); 29 C.F.R 780.105. Primary agriculture encompasses the first half of the statutory definition and includes specific farming operations such as, inter alia, cultivation and tillage of the soil, dairying, cultivation, growing, and harvesting.”
John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015).
· cites it 3× “1672 (1949); see also 29 C.F.R. § 780.105 (a). First, agriculture is defined to mean “farming in all its branches,” and the statute provides an illustrative list of farming activities.”
Wenigar v. Johnson, 712 N.W.2d 190 (Minn. Ct. App. 2006).
“” 29 C.F.R. § 780.105 (b) (2004). The DOL has further explained that “[employees] are employed in the raising of livestock .”
Arias-Villano v. Chang & Sons Enter., Inc., 118 N.E.3d 835 (Mass. 2019).
“See 29 C.F.R. § 780.105 (July 1, 2018 ed.). We see no indication that the Legislature intended that the FLSA definition of agriculture be applied to the agricultural exemption of the Massachusetts overtime statute.”
Farrell v. Pike, 342 F. Supp. 2d 433 (M.D.N.C. 2004).
“Defendants point to 29 C.F.R. §§ 780.105 , -.205, -.206 and -.”
Adkins v. Mid-Am. Growers, Inc., 141 F.R.D. 466 (N.D. Ill. 1992).
“See also 29 C.F.R. §§ 780.105 and 780.205. The concept of secondary agriculture is broader, encompassing the preparation of products for shipment, maintenance work, and clerical activities.”
Jimenez v. Duran, 287 F. Supp. 2d 979 (N.D. Iowa 2003).
· cites it 3× “” 29 C.F.R. § 780.105 (b). Another regulation provides that “[e]m-ployees are employed in raising of .”
— 29 C.F.R. § 780.105(b) — 1 case
Tullous v. Texas Aquaculture Processing Co. LLC, 579 F. Supp. 2d 811 (S.D. Tex. 2008).
“1672 (1949); 29 C.F.R 780.105. Primary agriculture encompasses the first half of the statutory definition and includes specific farming operations such as, inter alia, cultivation and tillage of the soil, dairying, cultivation, growing, and harvesting.”
— 29 C.F.R. § 780.105(c) — 1 case
Tullous v. Texas Aquaculture Processing Co. LLC, 579 F. Supp. 2d 811 (S.D. Tex. 2008).
“1672 (1949); 29 C.F.R 780.105. Primary agriculture encompasses the first half of the statutory definition and includes specific farming operations such as, inter alia, cultivation and tillage of the soil, dairying, cultivation, growing, and harvesting.”
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