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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 780.301 - Other pertinent statutory provisions.

  • Section Number: 780.301
  • Section Name: Other pertinent statutory provisions.

    (a) Man-day is defined by section 3(u) of the Act as follows:

    ``Man-day'' means any day during which an employee performs any 
agriculture labor for not less than 1 hour.

    (b) Under section 3(e) of the Act the term employee does not include 
certain individuals in determining mandays of labor. Section 3(e) 
provides that:

    ``Employee'' includes any individual employed by an employer, except 
that such term shall not, for the purposes of section 3(u) include:
    (1) Any individual employed by an employer engaged in agriculture if 
such individual is the parent, spouse, child, or other member of the 
employer's immediate family, or
    (2) Any individual who is employed by an employer engaged in 
agriculture if such individual (A) 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, and (B) commutes daily from his 
permanent residence to the farm on which he is so employed, and (C) has 
been employed in agriculture less than 13 weeks during the preceding 
calendar year.

    (c) The legislative history of the 1966 amendments to the Fair Labor 
Standards Act indicates that the Congress in enacting minimum wage 
protection (section 6(a)(5)) for agriculture workers for the first time 
sought to provide a minimum wage floor for the farmworkers on large 
farms or agri-business enterprises. The section 13(a)(6)(A) exemption 
was intended to exempt those farmworkers on the smaller or familysize 
farms. In keeping with this intention, a labor requirement of 500 man-
days was incorporated into the exemption, and certain workers were 
specifically excluded from the man-day count, as provided in section 
3(e) (1) and (2).
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