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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 G

Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption

• Section Number: 780.608
• Section Name: ``During his workweek.''

    Section 13(b)(13) specifically requires that the unit of time to be 
used in determining whether an employee is primarily employed in 
agriculture is ``during his workweek.'' The employee's own workweek, and 
not that of any other person, is to be used in applying the exemption. 
The employee's employment must meet the ``primarily'' test in each 
workweek in which the exemption is applied to him.