C.F.R. » Title 29 » CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS › PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT › Subpart C—Agriculture as It Relates to Specific Situations

29 C.F.R. § 780.200

Inclusion of forestry or lumbering operations in agriculture is limited

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Employment in forestry or lumbering operations is expressly included in agriculture if the operations are performed “by a farmer or on a farm as an incident to or in conjunction with such farming operation.” While “agriculture” is sometimes used in a broad sense as including the science and art of cultivating forests, the language quoted in the preceding sentence is a limitation on the forestry and lumbering operations which will be considered agricultural for purposes of section 3(f). It follows that employees of an employer engaged exclusively in forestry or lumbering operations are not considered agricultural employees.

Notes of Decisions
Cited in 8 cases, 1987–2004 · leading case: Dagoberto Morante-Navarro v. T&Y Pine Straw, Inc., 350 F.3d 1163 (11th Cir. 2003).
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Dagoberto Morante-Navarro v. T&Y Pine Straw, Inc., 350 F.3d 1163 (11th Cir. 2003). “§ 203 (f); 29 C.F.R. § 780.200 (1987) (“‘[A]gricul-ture’ is sometimes used in a broad sense as including the science and art of cultivating forests.”
Ruben Bracamontes v. The Weyerhaeuser Co., 840 F.2d 271 (5th Cir. 1988). “29 C.F.R. § 780.200 (1987). DOL in the same section limits coverage under § 203(f) to forestry operations performed on a traditional farm.”
Bresgal v. Brock, 843 F.2d 1163 (9th Cir. 1987). “29 C.F.R. 780.200 (1986). The Internal Revenue Service has interpreted the Code definition, 26 U.”
Chao v. North Carolina Growers Ass'n, 280 F. Supp. 2d 500 (W.D.N.C. 2003). “201 states: “[t]he term ‘forestry or lumbering operations’ refers to the cultivation and management of forests, the felling and trimming of timber, the cutting, hauling and transportation of timber... and similar products, and similar operations.”
Bresgal v. Brock, 843 F.2d 1163 (9th Cir. 1988). “29 C.F.R. 780.200 (1986). The Internal Revenue Service has interpreted the Code definition, 26 U.”
Bresgal v. Brock, 833 F.2d 763 (9th Cir. 1987). “29 C.F.R. 780.200 (1986). The Internal Revenue Service has interpreted the Code definition, 26 U.”
Bresgal v. Brock, 833 F.2d 763 (9th Cir. 1987). “29 C.F.R. 780.200 (1986). The Internal Revenue Service has interpreted the Code definition, 26 U.”
Camargo v. Trammell Crow Interest Co., 318 F. Supp. 2d 443 (E.D. Tex. 2004). “29 C.F.R. § 780.200 . Forestry and lumbering operations not performed by a farmer or on a farm do not fall within the primary agricultural exemption to the FLSA’s overtime requirements.”
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