CFR > Title 29 - Labor > SUBTITLE B—Regulations Relating to Labor > CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR (parts 500 to 871) > SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS (parts 775 to 794) > PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT > SUBPART J—Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16) (§780.900 to §780.923) > 780.906—Requisites for exemption generally.

780.906—Requisites for exemption generally.

Section 13(b)(16), in clause (A), provides an exemption from the overtime pay provision of the Act for an employee during any workweek in which all the following conditions are satisfied:
(a) The employee must be engaged “in the transportation and preparation for transportation of fruits and vegetables”; and
(b) Such transportation must be transportation “from the farm”; and
(c) The destination to which the fruits or vegetables are transported must be “a place of first processing or first marketing”; and
(d) The transportation must be from the farm to such destination “within the same State”.