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. § 780.208

Forest and Christmas tree activities

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Operations in a forest tree nursery such as seeding new beds and growing and transplanting forest seedlings are not farming operations. The planting, tending, and cutting of Christmas trees do not constitute farming operations. If such operations on forest products are within section 3(f), they must qualify under the second part of the definition dealing with incidental practices. (See § 780.201.)

[74 FR 26015, May 29, 2009]
Notes of Decisions
Cited in 3 cases, 1975–2003 · leading case: In Re Sugar Pine Ranch, 100 B.R. 28 (Bankr. D. Or. 1989).
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In Re Sugar Pine Ranch, 100 B.R. 28 (Bankr. D. Or. 1989). “” 29 CFR § 780.208 , in part. The obvious import of such regulations is to give the exception of agricultural employment a narrow interpretation since such employees are excluded from the benefits of the Act.”
Chao v. North Carolina Growers Ass'n, 280 F. Supp. 2d 500 (W.D.N.C. 2003). “29 C.F.R. § 780.208 — aptly titled “Forest and Christmas tree activities” — states that “[t]he planting, tending, and cutting of Christmas trees do not constitute farming operations.”
Appleman v. Emp. Div., 534 P.2d 218 (Or. Ct. App. 1975). “29 CFR § 780.208 (1974). For the above reasons we find that claimant was not engaged in “agricultural labor.”
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