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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act |
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| Employment or Agricultural Employees in Processing Shade- Grown Tobacco; Exemption From Minimum Wage and Overtime Pay Requirements Under Section 13(a)(14) |
The section 13(a)(14) exemption applies to ``any agricultural employee'' who is employed in the specified activities. The term ``any agricultural employee'' includes not only agricultural employees of the tobacco grower but also such employees of other farmers or independent contractors. ``Any agricultural employee'' employed in the growing and harvesting of shade-grown tobacco will qualify for exemption if he engages in the specified processing operations. The use of the word ``agricultural'' before ``employee'' makes it apparent that separate consideration must be given to whether an employee is an ``agricultural employee'' and to whether he is employed in the specified ``growing and harvesting'' within the meaning of the Act.