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CFR  

Code of Federal Regulations Pertaining to ESA

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

 

 

 

Subpart D  

Employment in Agriculture That Is Exempted From the Minimum Wage and Overtime Pay Requirements Under Section 13(a)(6)

29 CFR 780.314 - Operations customarily * * * paid on a piece rate basis * * *.

  • Section Number: 780.314
  • Section Name: Operations customarily * * * paid on a piece rate basis * * *. 
    A significant test of the exemption is that the hand harvest 
operation ``has been, and is customarily and generally recognized as 
having been, paid on a piece rate basis in the region of employment.'' 
The legislative history is silent on who must customarily and generally 
recognize the hand harvest operation as having been paid on a piece rate 
basis. However, considering the context in which the term is used, such 
recognition must be on the part of agricultural employers and employees 
and other individuals in the region of employment who are familiar with 
farming operations and practices in the region and the method of 
compensation utilized in such operations and practices.
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