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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 Fruit and Vegetable Harvest Transportation; Exemption From Overtime Pay Requirements Under Section 13(b)(16) |
Section 13(b)(16), in clause (B), provides an exemption from the
minimum wage and overtime pay provisions of the Act for an employee
during any workweek in which all the following conditions are satisfied:
(a) The employee must be engaged ``in transportation'' of harvest
workers; and
(b) The harvest workers transported must be ``persons employed or to
be employed in the harvesting of fruits or vegetables''; and
(c) The employee's transportation of such harvest workers must be
``between the farm and any point within the same State.''