C.F.R. » Title 29 » 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 B—General Scope of Agriculture

29 C.F.R. § 780.110

Operations included in “cultivation and tillage of the soil.”

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

“Cultivation and tillage of the soil” includes all the operations necessary to prepare a suitable seedbed, eliminate weed growth, and improve the physical condition of the soil. Thus, grading or leveling land or removing rock or other matter to prepare the ground for a proper seedbed or building terraces on farmland to check soil erosion are included. The application of water, fertilizer, or limestone to farmland is also included. (See in this connection §§ 780.128 et seq. Also see Farmers Reservoir Co. v. McComb, 337 U.S. 755.) Other operations such as the commercial production and distribution of fertilizer are not included within the scope of agriculture. (McComb v. Super-A Fertilizer Works, 165 F. 2d 824; Farmers Reservoir Co. v. McComb, 337 U.S. 755.)

Notes of Decisions
Cited in 7 cases, 1965–2015 · leading case: Robert B. Reich, Sec'y of Labor, United States Dep't of Labor v. Tiller Helicopter Servs., Inc. & William J. Tiller, Sr., 8 F.3d 1018 (5th Cir. 1993).
Sort: Relevance Newest Treatment
Robert B. Reich, Sec'y of Labor, United States Dep't of Labor v. Tiller Helicopter Servs., Inc. & William J. Tiller, Sr., 8 F.3d 1018 (5th Cir. 1993). “29 C.F.R. § 780.110 . 8 . For the sake of brevity the court will sometimes use the term "back pay” instead of unpaid minimum wages and overtime compensation.”
John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). “1982) (discussing soil); 29 C.F.R. § 780.110 , or “dairying,” see NLRB v.”
James D. Hodgson, Sec'y of Labor, United States Dep't of Labor v. Odus Wittenburg, D/B/A Wittenburg Livestock Co., 464 F.2d 1219 (5th Cir. 1972). “5 (b) (1956) and 29 C.F.R. § 780.110 (1961). In Mitchell v.”
Nat'l Labor Relations Bd. v. Kelly Bros. Nurseries, Inc., 341 F.2d 433 (2d Cir. 1965). “” 29 C. F.R. § 780.110 (1964). A further regulation indicates that nursery warehouse employees are exempt “provided they handle only products' grown by their employer and their activities * * * are subordinate to his [the employer’s] farming operations.”
Martin v. Tiller Helicopter Servs., Inc., 778 F. Supp. 1395 (S.D. Tex. 1991). “29 C.F.R. § 780.110 . The issues of exemption dominated trial of the case, and the exemption potential applies to various activities of the crew *1398 members.”
Donovan v. Frezzo Bros., 678 F.2d 1166 (3rd Cir. 1982). “Relying on the administrative interpretation of that phrase contained in 29 C.F.R. § 780.110 , the District Court decided that Congress meant the term “soil” to have its regular meaning of earth, dirt or the ordinary material in which growing occurs.”
Reich v. Tiller Helicopter Servs., Inc. (5th Cir. 1993). “29 C.F.R. § 780.110 . 1. Tiller Helicopter employees are not employed by a farmer and tasks performed on Tiller's farm are not performed on a farm for purposes of the agricultural exemption.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.