Wage and Hour Division, Labor § 780.312

quarter of the preceding calendar year, (3) Is paid on a piece-rate basis. as discussed in § 780.305. (4) Is paid piece-rates in an operation which has been, and is customarily and § 780.308 Definition of immediate fam- generally recognized as having been, ily. paid on a piece-rate basis in the region The Act does not define the scope of of employment. ‘‘immediate family.’’ Whether an indi- (5) Commutes daily from his perma- vidual other than a parent, spouse or nent residence to the farm on which he child will be considered as a member of is so employed. the employer’s immediate family, for (6) Has been employed in agriculture purposes of sections 3(e)(1) and less than 13 weeks during the preceding 13(a)(6)(b), does not depend on the fact calendar year. that he is related by blood or marriage. (b) In order for the exemption to Other than a parent, spouse or child, apply to an employee, all of the re- only the following persons will be con- quirements must be met. Since a hand sidered to qualify as part of the em- harvest laborer is normally an agricul- ployer’s immediate family: Step-chil- tural worker, while so engaged, such an dren, foster children, step-parents and employee would meet the basic re- foster parents. Other relatives, even quirements that he be employed in ag- when living permanently in the same riculture. Subpart B of this part con- household as the employer, will not be tains a more detailed discussion of considered to be part of the ‘‘imme- what constitutes employment in agri- diate family.’’ culture. The meaning and application [38 FR 17726, July 3, 1973] of the remaining requirements are dis- cussed in the following sections. § 780.309 Man-day exclusion. Section 3(e)(1) specifically excludes § 780.312 ‘‘Hand harvest laborer’’ de- from the employer’s man-day total (as fined. defined in section 3(u)) employees who (a) The term hand harvest laborer for qualify for exemption under section purposes of this exemption refers to 13(a)(6)(B). See § 780.301. This man-day farm workers engaged in harvesting by count is a basic factor in the applica- hand, or with hand tools, soil grown tion of the section 13(a)(6)(A) exemp- crops such as cotton, tobacco, grains, tion. See § 780.302 et seq. fruits, and vegetables. The term would not include harvesting operations per- § 780.310 Exemption for local hand formed by an employee with an elec- harvest laborers. trically powered mechanical device, Section 13(a)(6)(C) was added to the such as a ‘‘blueberry picking tool.’’ Act by the Fair Labor Standards ‘‘Hand-harvesting’’ refers only to soil- Amendments of 1966. The legislative grown crops and does not include any history of the exemption indicates that operation involving animals, such as it was intended to apply to the local shearing or lambing of sheep and worker who goes out on a temporary catching chickens. Hand-harvesting is basis during the harvest season to har- defined as manually gathering or sev- vest crops. The exemption was not in- ering the crop from the soil, stems, or tended to apply to a full-time farm- roots at its growing position in the worker, that is, one who earns a liveli- fields. Included are integral related op- hood at farming. For instance, migrant erations, closely related geographically laborers who travel from farm to farm and in point of time, which are per- were not intended to be within the formed before the transportation to scope of this exemption. concentration points on the farm. § 780.311 Basic conditions of section For example: 13(a)(6)(C). (1) Employees who take tobacco leaves from the pickers and string them on poles by (a) Section 13(a)(6)(C) of the Act ap- hand qualify as ‘‘hand harvest laborers’’ be- plies to an employee who: cause the stringing operation is performed in (1) Is employed in agriculture. the field almost simultaneously with the (2) Is employed as a hand harvest la- picking and before transportation to the con- borer. centration point on the farm (drying shed).

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