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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 I

Employment in Ginning of Cotton and Processing of Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15)

• Section Number: 780.802
• Section Name: What determines application of the exemption.

    It is apparent from the language of section 13(b)(15) that the 
application of this exemption depends upon the nature and purpose of the 
work performed by the individual employee for whom exemption is sought, 
and in the case of ginning of cotton on the location of the place of 
employment where the work is done and other factors as well. It does not 
depend upon the character of the business of the employer. A 
determination of whether an employee is exempt therefore requires an 
examination of that employee's duties. Some employees of the employer 
may be exempt while others may not.