29 C.F.R. § 780.134
Performance “on a farm” generally
If a practice is not performed by a farmer, it must, among other things, be performed “on a farm” to come within the secondary meaning of “agriculture” in section 3(f). Any practice which cannot be performed on a farm, such as “delivery to market,” is necessarily excluded, therefore, when performed by someone other than a farmer (see Farmers Reservoir Co. v. McComb, 337 U.S. 755; Chapman v. Durkin, 214 F. 2d 360, cert. denied 348 U.S. 897; Fort Mason Fruit Co. v. Durkin, 214 F. 2d 363, cert. denied 348 U.S. 897). Thus, employees of an alfalfa dehydrator engaged in hauling chopped or unchopped alfalfa away from the farms to the dehydrating plant are not employed in a practice performed “on a farm.”
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2003–2025 · leading case: Jose Ramirez v. Statewide Harvesting & Hauling, LLC, 997 F.3d 1356 (11th Cir. 2021).
Jose Ramirez v. Statewide Harvesting & Hauling, LLC, 997 F.3d 1356 (11th Cir. 2021). “” 29 C.F.R. § 780.134 . In Wirtz v. Osceola Farms Co.”
Jimenez v. Duran, 287 F. Supp. 2d 979 (N.D. Iowa 2003). “are examples of the types of employees of independent contractors who may be considered employed in practices performed “on a farm.”
Alvarez Barron v. Sterling Sugars Sales Corp (W.D. La. 2025). “Accordingly, the two plaintiffs who were employed as mechanics—Mr. Penuelas and Mr.”
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