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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 780.303 - Exemption applicable on employee basis.

  • Section Number: 780.303
  • Section Name: Exemption applicable on employee basis.

    Section 13(a)(6)(A) exempts ``any employee employed in agriculture * 
* * by an employer * * *.'' It is clear from this language that it is 
the activities of the employee rather than those of his employer which 
determine the application of the exemption. In other words, the 
exemption applies only to employees who are engaged in agricultural 
activities. Thus some employees of the employer may be exempt while 
others may not. In any case the burden of effecting segregation between 
exempt and nonexempt work as between different groups of employees is 
upon the employer. For a more detailed discussion of what constitutes 
employment in agriculture, see subpart B of this part.
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