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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 I  

Employment in Ginning of Cotton and Processing of Sugar Beets, Sugar-Beet Molasses, Sugarcane, or Maple Sap into Sugar or Syrup; Exemption From Overtime Pay Requirements Under Section 13(b)(15)

29 CFR 780.808 - Who may qualify for the exemption generally.

  • Section Number: 780.808
  • Section Name: Who may qualify for the exemption generally. 
    The exemption applies to ``any employee engaged in'' ginning of 
cotton. This means that the exemption may apply to an employee so 
engaged, no matter by whom he is employed. Employees of the gin 
operator, of an independent contractor, or of a farmer may come within 
the exemption in any workweek when all other conditions of the exemption 
are met. To come within the exemption, however, an employee's work must 
be an integral part of ginning of cotton, as previously described. The 
courts have uniformly held that exemptions in the Act must be construed 
strictly to carry out the purpose of the Act. (See Sec. 780.2, in 
subpart A of this part.) No operation in which an employee engages in a 
place of employment where cotton is ginned is exempt unless it comes 
within the meaning of the term ``ginning.''
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