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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: 780.404
• Section Name: Activities of the employer considered in some situations.

    Although the activities of the individual employee, as distinguished 
from those of his employer, constitute the ultimate test for applying 
the exemption, it is necessary in some instances to examine the 
activities of the employer. For example, in resolving the status of the 
employees of an irrigation company for purposes of the agriculture 
exemption, the U.S. Supreme Court, found it necessary to consider the 
nature of the employer's activities (Farmers Reservoir Co. v. McComb, 
337 U.S. 755).
                        The Irrigation Exemption