skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

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


29 CFR 780.607 - ``Primarily employed'' in agriculture.

  • Section Number: 780.607
  • Section Name: ``Primarily employed'' in agriculture.

    Not only must the employee be employed in agriculture, but he must 
be ``primarily'' so employed during the particular workweek or weeks in 
which the 13(b)(13) exemption is to be applied. The word ``primarily'' 
may be considered to mean chiefly or principally (Agnew v. Board of 
Governors, 153 F. 2d 785). This interpretation is consistent with the 
view, expressed by the sponsor of the exemption at the time of its 
adoption on the floor of the Senate (107 Cong. Rec. (daily ed., April 
19, 1961), p. 5879), that the word means ``most of his time.'' The 
Department of Labor will consider that an employee who spends more than 
one-half of his hours worked in the particular workweek in agriculture, 
as defined in the Act, is ``primarily'' employed in agriculture during 
that week.
Previous Section

Next Section



Phone Numbers