Section 13(b)(16), in clause (B), provides an exemption from the minimum wage and overtime pay provisions of the Act for an employee during any workweek in which all the following conditions are satisfied:
(a) The employee must be engaged “in transportation” of harvest workers; and
(b) The harvest workers transported must be “persons employed or to be employed in the harvesting of fruits or vegetables”; and
(c) The employee's transportation of such harvest workers must be “between the farm and any point within the same State.”
authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65;
29 U.S.C. 201-219. Pub. L. 105-78, 111 Stat. 1467
source: 37 FR 12084, June 17, 1972, unless otherwise noted.
cite as: 29 CFR 780.918