29 C.F.R. § 780.205
Nursery activities generally
The employees of a nursery who are engaged in the following activities are employed in “agriculture”:
(a) Sowing seeds and otherwise propagating fruit, nut, shade, vegetable, and ornamental plants or trees (but not Christmas trees), and shrubs, vines, and flowers;
(b) Handling such plants from propagating frames to the field;
(c) Planting, cultivating, watering, spraying, fertilizing, pruning, bracing, and feeding the growing crop.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1999–2025 · leading case: United States Dep't of Labor v. North Carolina Growers Ass'n, Inc., 377 F.3d 345 (4th Cir. 2004).
United States Dep't of Labor v. North Carolina Growers Ass'n, Inc., 377 F.3d 345 (4th Cir. 2004). “See 29 C.F.R. § 780.205 (defining agriculture to include “[s]owing seeds and otherwise propagating fruit, nut, shade, vegetable, and ornamental plants or trees (but not Christmas trees), and shrubs, vines, and flowers.”
Harold Adkins v. Mid-Am. Growers, Inc., 167 F.3d 355 (7th Cir. 1999). “” 29 C.F.R. § 780.205 (e). In addition to the southern foliage plants, Mid-American buys some mature plants from other growers in order to cover its obligations, either contractual or customary, to its customers in the event that its own production is inadequate because of…”
Chao v. North Carolina Growers Ass'n, 280 F. Supp. 2d 500 (W.D.N.C. 2003). “See 29 C.F.R. § 780.205 . Thus, they argue, the DOL is treating them inconsistently and arbitrarily.”
Eutolio A. Rodriguez v. Pure Beauty Farms, Inc., 503 F. App'x 772 (11th Cir. 2013). “29 C.F.R. § 780.205 . “Employees of a grower of nursery stock who work in packing and storage sheds sorting the stock, grading and trimming it, racking it in bins, and packing it for shipment are employed in ‘agriculture’ provided they handle only products grown by their…”
Solis v. Conley's Nursery & Landscaping, Inc., 641 F. Supp. 2d 1200 (D.N.M. 2009). “29 C.F.R. § 780.205 (a). West’s Employment Coordinator (2009) takes a similar view: The planting of trees and bushes is within the scope of agriculture where it is either a step in the production, cultivation, growing, and harvesting of agricultural or horticultural commodities,…”
Gomez v. Epic Landscape Prods., L.C. (D. Kan. 2025). “” The record is devoid of evidence concerning whether Defendants was growing its own plants and trees or whether they were purchasing plants and trees from other growers without doing significant agricultural work.”
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