Fair Labor Standards Act
Although the Christmas tree industry has changed considerably over the years to its current agricultural state, it is sometimes still classified as non-agricultural. Most state departments of agriculture, the Internal Revenue Service, U.S. Department of Agriculture, and the U.S. Office of Management and Budget have defined agricultural commodities to include Christmas trees, however, the U.S. Department of Labor has interpreted the Fair Labor Standards Act of 1938 to exclude Christmas tree farming from its agricultural definition. This poses significant confusion and regulatory challenges for U.S. Christmas tree producers.
NASDA supports legislation that would amend § 203(f) of the Fair Labor Standards Act to include Christmas trees within the definition of agricultural or horticultural commodities.