Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 29 - Labor |
Subtitle B - Regulations Relating to Labor |
Chapter V - Wage and Hour Division, Department of Labor |
SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
Part 780 - Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act |
Subpart G - Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption |
Requirements for Exemption |
§ 780.608 - “During his workweek.”
Latest version.
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§ 780.608 “During his workweek.”
Section 13(b)(13) specifically requires that the unit of time to be used in determining whether an employee is primarily employed in agriculture is “during his workweek.” The employee's own workweek, and not that of any other person, is to be used in applying the exemption. The employee's employment must meet the “primarily” test in each workweek in which the exemption is applied to him.