(a) As indicated in Sec. 780.504, an employee qualifies for
exemption under section 13(a)(14) only if he is an agricultural employee
employed in the growing and harvesting of shade-grown tobacco and is
engaged in the processing of such tobacco. However, both operations do
not have to be performed during the same workweek. Section 13(a)(14) of
the Act is intended to exempt any agricultural employee from the minimum
wage and overtime provisions of the Act in any workweek when he is
employed in the growing and harvesting of shade-grown tobacco,
irrespective of the provisions of section 13(a)(6) and whether or not in
such workweek he is also engaged in the processing of the tobacco as
described in section 13(a)(14). The exemption would also apply in any
workweek in which the employee, who grew and harvested shade-grown
tobacco, is exclusively engaged in such processing.
(b) An employee so employed in any workweek is considered to be
excluded from the ``employee employed in agriculture'' whose exemption
from the pay provisions of the Act is governed by section 13(a)(6).
Therefore, his man-days of exempt labor under section 13(a)(14) in any
such workweek are not to be counted as man-days of agricultural labor
within the meaning of section 3(u) of the Act and to which section
13(a)(6) refers.
(c) However, since section 3(u) defines man-day to mean ``any day
during which an employee performs any agricultural labor for not less
than 1 hour'' in the case of an employee who qualifies for the exemption
in some workweeks but not in others under section 13(a)(14), all such
man-days of his agricultural labor in the workweeks when he is not
exempt under section 13(a)(14) will be counted. In this connection, the
performance of some agricultural work which does not relate to shade-
grown tobacco by an agricultural employee of a grower of such tobacco
will not be considered as the performance of nonexempt work outside the
section 13(a)(14) exemption in any workweek in which such an employee is
employed by such an employer in the growing and harvesting of such
tobacco or in its processing prior to stemming, or both, and engages in
other agricultural work only incidentally or to an insubstantial extent.
