29 C.F.R. § 780.327
Production of livestock
For an employee to be engaged in the production of livestock, he must be actively taking care of the animals or standing by in readiness for that purpose. Thus, such activities as herding, handling, transporting, feeding, watering, caring for, branding, tagging, protecting, or otherwise assisting in the raising of livestock and in such immediately incidental duties as inspecting and repairing fences, wells, and windmills would be considered as the production of livestock. On the other hand, such work as terracing, reseeding, haying, and constructing dams, wells, and irrigation ditches would not be considered as the production of livestock within the meaning of the exemption.
Notes of Decisions
Cited in 2
cases, 2013–2017 · leading case: Ruiz v. Fernandez, 949 F. Supp. 2d 1055 (E.D. Wash. 2013).
Ruiz v. Fernandez, 949 F. Supp. 2d 1055 (E.D. Wash. 2013). “” 29 C.F.R. § 780.327 . Also included are such “immediately incidental duties” as “inspecting and repairing fences, wells, and windmills.”
Hispanic Affairs Proj. v. Acosta, 263 F. Supp. 3d 160 (D.D.C. 2017). “See Principal Worker Advocate Comment, AR at 1,998 (suggesting that DOL provide examples of what type of ranch-based work is permissible, including “repairing fences or corrals,” as well as impermissible work, including “terracing, reseeding, haying, and constructing dams,…”
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