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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 |
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.