The fact that a worker may live on the farm where the operations are performed would not be a reason for disqualification. For example, if the other tests for the exemption are met, members of a tractor driver's family who reside on the farm could be employed in picking cotton within the terms of the exemption. Such family members would be considered to be commuting daily from their permanent residence despite the fact that their residence may be located on the farm at which they are employed....who are not “local” in the sense that they are away from their permanent home when employed in agriculture. Specifically the exemption was intended to apply in the case of the children of migrants who typically accompany their parents in harvesting and other agricultural work.
So the worker LIVES on the farm but it's "permanent residence" is still "commuting" to the farm - why? Because they are driving a tractor to commute?
The exemption may, however, be available for the specified minors who work for short periods of several days or weeks without returning daily to their homes on farms beyond commuting distances from their permanent homes.
In other words they are camping out on the farm to do harvesting - and so are considered "commuting" from their permanent residence...?
his primary duty must be the range production of livestock and that this duty necessitates his constant attendance on the range, on a standby basis, for such periods of time so as to make the computation of hours worked extremely difficult. The fact that an employee generally returns to his place of residence at the end of each day would not affect the application of the exemption.
(b) Thus, exempt work must be performed away from the “headquarters.” The headquarters is not, however, to be confused with the “headquarters ranch.” The term headquarters has reference to the place for the transaction of the business of the ranch (administrative center), as distinguished from buildings or lots used for convenience elsewhere. It is a particular location for the discharge of the management duties. Accordingly, the term “headquarters” would not embrace large acreage, but only the ranchhouse, barns, sheds, pen, bunkhouse, cookhouse, and other buildings in the vicinity. The balance of the “headquarters ranch” would be the “range.”
The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops or livestock, and does not include structures for banquets, public gatherings or public entertainment.
A private campground may provide yurts for overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt.
b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.
c. As used in this paragraph, “yurt” means a round, domed shelter of cloth or canvas on a collapsible
frame with no plumbing, sewage disposal hook-up or internal cooking appliance.
d. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.
That's my zoning also Forest and Agriculture....
So that's in Oregon above...
If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to establishment of the farm use capable of meeting the median income test.
The accessory farm dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator; and
b. The accessory farm dwelling will be located:
i. On the same lot or parcel as the primary farm dwelling;
Back to the Range Exemption!!
exemption must be determined by the nature of the employees' work, not simply by the nature of the land.
https://casetext.com/case/hodgson-v-elk-garden-corporation
limits the exemption to those employees who are engaged in activities which require constant attendance on a standby basis .
the employees must constantly attend, on a standby basis, livestock that is on a range away from the ranch's headquarters.
"[T]he committee intends to exempt only those employees who are engaged in activities which require a constant attendance on a standby basis, such as herding and similar activities where the computation of hours worked would be extremely difficult."
S.Rep. No. 1487, 89th Cong., 2d Sess., 1966, U.S. Code Cong. Admin.News, pp. 3002, 3012.
§ 780.1006 In or about a home.
Whether the work of an employee is being performed “in or about a home,” so that he may be considered a homeworker, must be determined on the facts in the particular case. In general, however the phrase “in or about a home” includes any home, apartment, or other dwelling place and surrounding premises, such yards, garages, sheds or basements.
certain homeworkers employed in making wreaths from evergreens and in harvesting evergreens and other forest products for use in making wreaths.
§ 780.1008 Examples of places not considered homes.
The following are examples of workplaces which, on examination, have been considered not to be a “home”:
(a) Living quarters allocated to and regularly used solely for production purposes, where workers work regular schedules and are under constant supervision by the employer, are not considered to be a home.
Vacant seasonal/migratory mobile homes are included in the count of vacant seasonal/migratory housing units. Living quarters of the following types are excluded from the housing unit inventory: Dormitories, bunkhouses, and barracks
https://www.census.gov/housing/hvs/definitions.pdf
Housing units held for occupancy by migratory labor employed in farm work during the crop season are tabulated as seasonal. As of the first quarter 1986 vacant seasonal mobile homes are being counted as a part of the seasonal housing inventory.
https://www.legis.iowa.gov/docs/iac/rule/12-10-2014.701.71.1.pdf
Buildings for human habitation that are used as commercial ventures,
including but not limited to hotels, motels, rest homes, and structures containing three or more separate living quarters shall not be considered residential real estate. living quarters shall not be considered residential real estate.
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