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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 780.319 - Basic conditions of exemption.

  • Section Number: 780.319
  • Section Name: Basic conditions of exemption.

    (a) Section 13(a)(6)(D) applies to an employee engaged in 
agriculture who meets all of the following tests:
    (1) Is not a local hand harvest laborer,
    (2) Is 16 years of age or under,
    (3) Is employed as a hand harvest laborer,
    (4) Is paid on a piece rate basis,
    (5) Is employed in an operation which has been, and is customarily 
and generally recognized as having been, paid on a piece rate basis in 
the region of employment,
    (6) Is employed on the same farm as his parent or person standing in 
the place of his parent, and
    (7) Is paid at the same piece rate as employees over age 16 are paid 
on the same farms.
    (b) Some of these requirements which are common to both sections 
13(a)(6)(C) and 13(a)(6)(D) have already been discussed in connection 
with section 13(a)(6)(C) and need not be repeated. They are found in 
Secs. 780.311 (employed in agriculture), 780.312 (hand harvest laborer), 
780.313 (piece rate basis), and 780.314 (operations customarily * * * 
paid on a piece rate basis). The other requirements are discussed in the 
following sections.
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