The employee's primary employment in agriculture during the exempt
week is also required to be by ``such farmer.'' The phrase ``such
farmer'' refers to the particular farmer by whom the employee is
employed in agriculture and who engages in the livestock auction
operations as an adjunct to his raising of livestock. Even if an
employee may spend more than half of his work time in a workweek in
agriculture, he would not be exempt if such employment in agriculture
were engaged in for various persons so that less than the primary
portion of his workweek was performed in his employment in agriculture
by such farmer. For example, an employee may work a 60-hour week and be
employed in agriculture for 50 of those hours, of which 20 hours are
worked in his employment by the farmer who is engaged in the livestock
auction operations, the other 30 being performed for a neighboring
farmer. Although this employee was primarily employed in agriculture
during the workweek he is not exempt. His primary employment in
agriculture was not by the farmer described in section 13(b)(13) as
required.
