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February 6, 2009   
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 780  

Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

 

 

 

Subpart K  

Employment of Home- workers in Making Wreaths; Exemption From Minimum Wage, Overtime Compensation, and Child Labor Provisions Under Section 13(d)


29 CFR 780.1016 - Use of evergreens and forest products.

  • Section Number: 780.1016
  • Section Name: Use of evergreens and forest products.

    Harvesting of evergreens and other forest products is exempt only 
when these products will be ``used in making such wreaths.'' The phrase 
``used in making such wreaths'' places a definite limitation on the 
purpose for which evergreens may be harvested under section 13(d). 
Harvesting of these materials for a use other than making wreaths is 
nonexempt. Also, such harvesting is nonexempt when the evergreens are 
used for wreathmaking by persons other than the homeworkers (see 
Mitchell v. Hunt, 263 F. 2d 913). For example, harvesting of evergreens 
for sale or distribution to an employer who uses them in his factory to 
make wreaths is not exempt.
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