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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 780.321 - Minors 16 years of age or under.

  • Section Number: 780.321
  • Section Name: Minors 16 years of age or under.

    Section 13(a)(6)(D) by its very terms is available only to employees 
16 years of age or under. Accordingly, even though all the other tests 
of the exemption are met, the exemption is inapplicable in the case of 
an employee over 16 years of age and the employer must pay to such an 
employee the applicable statutory minimum wage unless his operations 
come within the reach of some other exemption, such as section 
13(a)(6)(A). Furthermore, although section 13(a)(6)(D) provides a 
minimum wage and overtime exemption for minors 16 years of age or under, 
the employer must nevertheless comply with the child labor provisions of 
the Act prohibiting the employment of minors in agriculture except under 
certain conditions and circumstances. These provisons are discussed in 
part 1500, subpart G of this title.
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