29 CFR 780.200 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Statements Of General Policy Or Interpretation Not Directly Related To Regulations (§ 775.0 To § 794.144) — Exemptions Applicable To Agriculture, Processing Of Agricultural Commodities, And Related Subjects Under The Fair Labor Standards Act (§ 780.0 To § 780.1016) — Agriculture As It Relates To Specific Situations (§ 780.200 To § 780.217) — Forestry Or Lumbering Operations (§ 780.200 To § 780.204) — Inclusion of forestry or lumbering operations in agriculture is limited.

4 Aug 2016

Employment in forestry or lumbering operations is expressly included in agriculture if the operations are performed “by a farmer or on a farm as an incident to or in conjunction with such farming operation.” While “agriculture” is sometimes used in a broad sense as including the science and art of cultivating forests, the language quoted in the preceding sentence is a limitation on the forestry and lumbering operations which will be considered agricultural for purposes of section 3(f). It follows that employees of an employer engaged exclusively in forestry or lumbering operations are not considered agricultural employees.

29 CFR 780.200