29 C.F.R. § 780.127
Hatchery operations
Hatchery operations incident to the breeding of poultry, whether performed in a rural or urban location, are the “raising of poultry” (Miller Hatcheries v. Boyer, 131 F. 2d 283). The application of section 3(f) to employees of hatcheries is further discussed in §§ 780.210 through 780.214.
Notes of Decisions
Cited in 2
cases, 1972–2019 · leading case: Cea v. Cobb-Vantress, Inc. (W.D. Ark. 2019).
Cea v. Cobb-Vantress, Inc. (W.D. Ark. 2019). “” 29 C.F.R. § 780.127 . Further, “[w]here the hatchery is engaged solely in procuring eggs for hatching, performing the hatching operations, and selling the chicks, all the employees including office and maintenance workers are engaged in agriculture.”
Rodriguez v. McKay Nursery Co., 351 F. Supp. 1138 (E.D. Wis. 1972). “Even if McKay’s warehouse is to be considered a “market” in that 2 per cent of its sales are conducted there, or in the sense that it may mark the dividing line between agricultural and nonagricultural activities, plaintiffs’ functions would still be within the scope of § 3(f)…”
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