29 C.F.R. § 780.324
Requirements for the exemption to apply
(a) All the following conditions must be met in order for the exemption to apply to an employee:
(1) He must be “engaged in agriculture”;
(2) Be “principally engaged”;
(3) On the “range”, and
(4) In the “production of livestock.”
(b) Since the raising of livestock is included in the definition of agriculture under section 3(f) of the Act (see §§ 780.119-780.121 of subpart B of this part), the range production of livestock would normally be deemed agriculture work, and, consequently, an employee, during this time he is engaged in such activities, would meet the basic requirement of the exemption that he be “employed in agriculture.”
Notes of Decisions
Cited in 1
case, 2015–2015 · leading case: Saenz Mencia v. Allred, 808 F.3d 463 (10th Cir. 2015).
Saenz Mencia v. Allred, 808 F.3d 463 (10th Cir. 2015). “” 29 C.F.R. § 780.324 (a)(4). They define “production of livestock” to include “actively taking care of the animals or standing by in readiness for that purpose,” as well as “immediately incidental duties [like] inspecting and repairing fences, wells, and windmills.”
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