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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) |
An ``agricultural employee,'' for purposes of section 13(a)(14), may be defined as an employee employed in activities which are included in the definition of ``agriculture'' in section 3(f) of the Act (see Sec. 780.103), and who is employed in these activities with sufficient regularity or continuity to characterize him as a person who engages in them as an occupation. Isolated or sporadic instances of engagement by an employee in activities defined as ``agriculture'' would not ordinarily establish that he is an ``agricultural employee.'' His engagement in agriculture should be sufficiently substantial to demonstrate some dedication to agricultural work as a means of livelihood.