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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 E

Employment in Agriculture or Irrigation That Is Exempted From the Overtime Pay Requirements Under Section 13(b)(12)

• Section Number: 780.403
• Section Name: Employee basis of exemption under section 13(b)(12).

    Section 13(b)(12) exempts ``any employee employed in * * *.'' It is 
clear from this language that it is the activities of the employee 
rather than those of his employer which ultimately determine the 
application of the exemption. Thus the exemption may not apply to some 
employees of an employer engaged almost exclusively in activities within 
the exemption, and it may apply to some employees of an employer engaged 
almost exclusively in other activities. But the burden of effecting 
segregation between exempt and nonexempt work as between different 
groups of employees is upon the employer.