(a) Section 3(u) of the Act defines man-day to mean ``any day during
which an employee performs agricultural labor for not less than 1
hour.'' 500 man-days is approximately the equivalent of seven employees
employed full-time in a calendar quarter. However, a farmer who hires
temporary or part-time employees during part of the year, such as the
harvesting season, may exceed the man-day test even though he may have
only two or three full-time employees.
(b) All of the employer's employees who are engaged in
``agricultural labor'' except those specifically excluded by section
3(e) (see Sec. 780.301) and those exempt under section 13(a)(14) (see
subpart F of this part) must be counted in determining whether the 500
man-day test is met. This is true even though an employee may be exempt
from the monetary provisions under another section of the Act. For
example, a general manager of a farm may be an exempt executive employee
under section 13(a)(1) or a sheepherder may meet the requirements of
section 13(a)(6)(E). Regardless of those exemptions, their man-days of
employment would be included in the man-day count of the employer.
(c) A farmer whose crops are harvested by an independent contractor
is considered to be a joint employer with the contractor who supplies
the harvest hands if the farmer has the power to direct, control or
supervise the work, or to determine the pay rates or method of payment
for the harvest hands. (See Sec. 780.331.) Each employer must include
the contractor's employees in his man-day count in determining whether
his own man-day test is met. Each employer will be considered
responsible for compliance with the minimum wage and child labor
requirements of the Act with respect to the employees who are jointly
employed.
[37 FR 12084, June 17, 1972, as amended at 38 FR 27520, Oct. 4, 1973]
