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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 780.306 - Calendar quarter of the preceding calendar year defined.

  • Section Number: 780.306
  • Section Name: Calendar quarter of the preceding calendar year defined.

    In applying section 13(a)(6)(A), it is necessary to consider each of 
the four calendar quarters (January 1-March 31; April 1-June 30; July 1-
September 30; October 1-December 31) in the preceding calendar year 
(January 1-December 31). If in any calendar quarter of the preceding 
calendar year the employer used more than 500 man-days of agricultural 
labor, he must comply with the minimum wage requirements of section 
6(a)(5) with respect to any employee not otherwise exempt in the current 
year. Compliance with the Act is required in the current year regardless 
of the number of man-days of agricultural labor used in the current 
year. On the other hand, if in the preceding calendar year the number of 
man-days used did not exceed 500 in any calendar quarter, there is no 
requirement to comply with respect to employment of agricultural labor 
in the current calendar year regardless of how many man-days are used in 
any calendar quarter of the current calendar year.
Such employees are exempt under the basic provisions of section 
13(a)(6)(A).
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