29 C.F.R. § 780.114
Wild commodities
Employees engaged in the gathering or harvesting of wild commodities such as mosses, wild rice, burls and laurel plants, the trapping of wild animals, or the appropriation of minerals and other uncultivated products from the soil are not employed in “the production, cultivation, growing, and harvesting of agricultural or horticultural commodities.” However, the fact that plants or other commodities actually cultivated by men are of a species which ordinarily grows wild without being cultivated does not preclude them from being classed as “agricultural or horticultural commodities.” Transplanted branches which were cut from plants growing wild in the field or forest are included within the term. Cultivated blueberries are also included.
Notes of Decisions
Cited in 2
cases, 1989–2015 · leading case: Colunga v. Young, 722 F. Supp. 1479 (W.D. Mich. 1989).
Colunga v. Young, 722 F. Supp. 1479 (W.D. Mich. 1989). “§ 203 (f); 29 C.F.R. §§ 780.114 , 780.115. Young is not exempt from the FLSA.”
John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). “The Department excludes commodities produced by “the gathering or harvesting of wild commodities such as mosses, wild rice, burls and laurel plants, the trapping of wild animals, or the appropriation of minerals and other uncultivated products from the soil.”
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