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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 F

Employment or Agricultural Employees in Processing Shade- Grown Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14)

• Section Number: 780.516
• Section Name: ``Prior to the stemming process.''

    The exemption provided by section 13(a)(14) applies only to 
employees whose processing operations on shade-grown tobacco are 
performed ``prior to the stemming process.'' (See H. Rept. No. 75, 87th 
Cong., first sess., p. 26). This means that an employee engaged in 
stemming, the removal of the midrib from the tobacco leaf (McComb v. 
Puerto Rico Tobacco Marketing Co-op. Ass'n., 80 F. Supp. 953, affirmed 
181 F. 2d 697), or in any operations on the tobacco which are performed 
after stemming has begun will not come within the exemption. Stemming 
and all subsequent operations are nonexempt work.