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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 780.313 - Piece rate basis.

  • Section Number: 780.313
  • Section Name: Piece rate basis.

    The exemption provides that the employee must be paid on a piece-
rate basis. To be exempt the employee must be compensated solely on 
piece rates during the workweek. The exemption does not apply in any 
workweek in which the employee is compensated on any other basis. For 
example, if an employee is compensated on an hourly rate for part of the 
week and on a piece rate for part of the week, the exemption would not 
be available. Also, if any pieceworker who is otherwise subject to the 
minimum wage provisions of the Act does not meet all the requirements 
set forth in this section he must be paid at least the minimum wage for 
each hour worked in a particular workweek, regardless of the fact he is 
paid on piece rate unless he is exempted by some other provision of the 
Act.
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