TITLE 29 - LABOR

SUBTITLE B - REGULATIONS RELATING TO LABOR

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 i - EMPLOYMENT IN GINNING OF COTTON AND PROCESSING OF SUGAR BEETS, SUGAR - BEET MOLASSES, SUGARCANE, OR MAPLE SAP INTO SUGAR OR SYRUP; EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 13(B)(15)

780.810 - Employees not “engaged in” ginning.

Since an employee must actually be engaged in ginning of cotton to come within the exemption, an employee engaged in other tasks, not an integral part of ginning operations, will not be exempt. (See, for rule that only the employees performing the work described in the exemption are exempt, Wirtz v. Burton Mercantile and Gin Co., Inc., 234 F. Supp.

825, aff'd per curiam 338 F. 2d 414, cert. denied 380 U.S. 965; Wirtz v. Kelso Gin Co., Inc. (E.D. Ark.) 50 Labor Cases 31, 631, 16 WH Cases 663; Mitchell v. Stinson, 217 F. 2d 210; Phillips v. Meeker Cooperative Light and Power Ass'n 63 F. Supp. 743, affirmed 158 F. 2d 698; Jenkins v. Durkin, 208 F. 2d 941; Heaburg v. Independent Oil Mill, Inc., 46 F.

Supp. 751; Abram v. San Joaquin Cotton Oil Co., 46 F. Supp. 969.) The following activities are among those not within the meaning of the term engaged in ginning of cotton: (a) Transporting seed cotton from farms or other points to the gin.

  (b) General maintenance work (as opposed to operating repairs).

  (c) General office and custodial duties.

  (d) Watching duties.

  (e) Working in the seed house.

  (f) Transporting seed, hulls, and ginned bales away from the gin.

  (g) Any activity performed during the off-season.