29 C.F.R. § 780.120

Raising of “livestock.”

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The meaning of the term “livestock” as used in section 3(f) is confined to the ordinary use of the word and includes only domestic animals ordinarily raised or used on farms. That Congress did not use this term in its generic sense is supported by the specific enumeration of activities, such as the raising of fur-bearing animals, which would be included in the generic meaning of the word. The term includes the following animals, among others: Cattle (both dairy and beef cattle), sheep, swine, horses, mules, donkeys, and goats. It does not include such animals as albino and other rats, mice, guinea pigs, and hamsters, which are ordinarily used by laboratories for research purposes (Mitchell v. Maxfield, 12 WH Cases 792 (S.D. Ohio), 29 Labor Cases 68, 781). Fish are not “livestock” (Dunkly v. Erich, 158 F. 2d 1), but employees employed in propagating or farming of fish may qualify for exemption under section 13(a)(6) or 13(b)(12) of the Act as stated in § 780.109 as well as under section 13(a)(5), as explained in part 784 of this chapter.

Notes of Decisions

Cited in 3 cases, 1984–2015 · leading case: John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015).

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John Barks v. Silver Bait LLC, 802 F.3d 856 (6th Cir. 2015). · cites it 3× “” 29 C.F.R. § 780.120 . Nor is fish livestock.”

Baldwin v. Iowa Select Farms, L.P., 6 F. Supp. 2d 831 (N.D. Iowa 1998). · cites it 3× “In its motion for partial summary judgment on Baldwin’s FLSA claim, ISF argues that hog production is clearly contemplated within the statutory meaning of “agriculture” and pertinent regulations, 29 C.F.R. § 780.120 , and that nothing in the case law or in the nature of ISF’s…”

Martinez v. Deaf Smith Cnty. Grain Processors, Inc., 583 F. Supp. 1200 (N.D. Tex. 1984). “The term “livestock” includes cattle, 29 CFR § 780.120 , thus Plaintiffs work for Cottonwood appears to fall within the “raising of livestock” portion of the primary meaning of agriculture and does not defeat application of the exemption.”

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