29 C.F.R. § 780.141

Practices must relate to farming operations on the particular farm

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“Practices * * * performed * * * on a farm” must be performed as an incident to or in conjunction with “such farming operations” in order to constitute “agriculture” within the secondary meaning of the term. No practice performed with respect to farm commodities is within the language under discussion by reason of its performance on a farm unless all of such commodities are the products of that farm. Thus, the performance on a farm of any practice, such as packing or storing, which may be incidental to farming operations cannot constitute a basis for considering the employees engaged in agriculture if the practice is performed upon any commodities that have been produced elsewhere than on such farm (see Mitchell v. Hunt, 263 F. 2d 913). The construction by an independent contractor of granary on a farm is not connected with “such” farming operations if the farmer for whom it is built intends to use the structure for storing grain produced on other farms. Nor is the requirement met with respect to employees engaged in any other practices performed on a farm, but not by a farmer, in connection with farming operations that are not conducted on that particular farm. The fact that such a practice pertains to farming operations generally or to those performed on a number of farms, rather than to those performed on the same farm only, is sufficient to take it outside the scope of the statutory language. Area soil surveys and genetics research activities, results of which are made available to a number of farmers, are typical of the practices to which this principle applies and which are not within section 3(f) under this provision.

Notes of Decisions
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). “Our conclusion that the affected employees are not employed by a farmer and that much of the work at issue is not performed on a farm does not end our analysis because, as the Supreme Court explained in Farmers Reservoir, “the question here is whether the occupation of the field…”
Centeno-Bernuy v. Becker Farms, 564 F. Supp. 2d 166 (W.D.N.Y. 2008). “Activities regarding agricultural products purchased from other sources, other than to make up for unforeseen shortages in the growers’ own stock, are also outside of the definition of agriculture.”
Martinez v. Deaf Smith Cnty. Grain Processors, Inc., 583 F. Supp. 1200 (N.D. Tex. 1984). “29 CFR § 780.141 (1981). Thus while Plaintiff was working for DSCGP, he was not “employed in agriculture” within the meaning of the Act.”
Jimenez v. Duran, 287 F. Supp. 2d 979 (N.D. Iowa 2003). · cites it 2× “F.R. § 780.143 (practices on a farm not performed for the farmer, such as installing utility lines, are part of a nonfarming enterprise, and thus, do not fall within the exemption).”
Adkins v. Mid-Am. Growers, Inc., 965 F. Supp. 1076 (N.D. Ill. 1997). “29 C.F.R. § 780.141 (citations omitted). Finally, section 780.”
Centeno-Bernuy v. Becker Farms, 546 F. Supp. 2d 166 (W.D.N.Y. 2008). “Activities regarding agricultural products purchased from other sources, other than to make up for unforeseen shortages in the growers' own stock, are also outside of the definition of agriculture.”
Reich v. Tiller Helicopter Servs., Inc. (5th Cir. 1993). “at 724-725 ; 29 C.F.R. § 780.141 . 2. Secondary agricultural tasks performed by Tiller Helicopter employees are exempt because they are incidental to primary agricultural activities that the employees perform on a farm.”
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