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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: 780.609
• Section Name: Workweek unit in applying the exemption.

    The unit of time to be used in determining the application of the 
exemption to an employee is the workweek. (See Overnight Transportation 
Co. v. Missel, 316 U.S. 572.) A workweek is a fixed and regularly 
recurring interval of seven consecutive 24-hour periods. It may begin at 
any hour of any day set by the employer and need not coincide with the 
calendar week. Once the workweek has been set it commences each 
succeeding week on the same day and at the same hour. Changing of the 
workweek for the purpose of escaping the requirements of the Act is not 
permitted.