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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 in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption |
The general requirements for exemption under section 13(b)(13) are
as follows:
(a) Employment of the employee ``primarily'' in agriculture in the
particular workweek.
(b) This primary employment by a farmer.
(c) Engagement by the farmer in raising livestock.
(d) Engagement by the farmer in livestock auction operations ``as an
adjunct to'' the raising of livestock.
(e) Payment of the minimum wage required by section 6(a)(1) of the
Act for all hours spent in livestock auction work by the employee.
These requirements will be separately discussed in the following
sections of this subpart.