[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR780.613]



[Page 561]

 

                             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--Table 

of Contents

 

  Subpart G_Employment in Agriculture and Livestock Auction Operations 

                  Under the Section 13(b)(13) Exemption

 

Sec.  780.613  ``By such farmer.''



    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.