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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 J

Employment in Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16)

• Section Number: 780.904
• Section Name: What determines the exemption.

    The application of the exemption provided by section 13(b)(16) 
depends on the nature of the employee's work and not on the character of 
the employer's business. An employee is not exempt in any workweek 
unless his employment in that workweek meets all the requirements for 
exemption. To determine whether an employee is exempt an examination 
should be made of the duties which that employee performs. Some 
employees of the employer may be exempt and others may not.