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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 780  

Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

 

 

 

Subpart D  

Employment in Agriculture That Is Exempted From the Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6)


29 CFR 780.300 - Statutory exemptions in section 13(a)(6). Statutory Provisions

  • Section Number: 780.300
  • Section Name: Statutory exemptions in section 13(a)(6). Statutory Provisions


    Section 13(a)(6) of the Act exempts from the minimum wage 
requirements of section 6 and from the overtime pay requirements of 
section 7:

    Any employee employed in agriculture: (A) If such employee is 
employed by an employer who did not, during any calendar quarter during 
the preceding calendar year, use more
than 500 man-days of agricultural labor, (B) if such employee is the 
parent, spouse, child, or other member of his employer's immediate 
family, (C) if such employee (i) is employed as a hand harvest laborer 
and is paid on a piece-rate basis in an operation which has been, and is 
customarily and generally recognized as having been, paid on a piece-
rate basis in the region of employment, (ii) commutes daily from his 
permanent residence to the farm on which he is so employed, and (iii) 
has been employed in agriculture less than 13 weeks during the preceding 
calendar year, (D) if such employee (other than an employee described in 
clause (C) of this subsection) (i) is 16 years of age or under and is 
employed as a hand harvest laborer, is paid on a piece-rate basis in an 
operation which has been, and is customarily and generally recognized as 
having been, paid on a piece-rate basis in the region of employment, 
(ii) is employed on the same farm as his parent or person standing in 
the place of his parent, and (iii) is paid at the same piece rate as 
employees over age 16 are paid on the same farm, or (E) if such employee 
is principally engaged in the range production of livestock.

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