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Federal regulations · Through 2026-08-25 · Newer source version available

29 CFR 780.607: “Primarily employed” in agriculture.

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Where this section sits in the code
  1. Title 29—Labor
  2. Subtitle B—Regulations Relating to Labor
  3. CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
  4. SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
  5. PART 780—EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT
  6. Subpart G—Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption

Not only must the employee be employed in agriculture, but he must be “primarily” so employed during the particular workweek or weeks in which the 13(b)(13) exemption is to be applied. The word “primarily” may be considered to mean chiefly or principally (Agnew v. Board of Governors, 153 F. 2d 785). This interpretation is consistent with the view, expressed by the sponsor of the exemption at the time of its adoption on the floor of the Senate (107 Cong. Rec. (daily ed., April 19, 1961), p. 5879), that the word means “most of his time.” The Department of Labor will consider that an employee who spends more than one-half of his hours worked in the particular workweek in agriculture, as defined in the Act, is “primarily” employed in agriculture during that week.

Collected 2026-08-27T02:25:20Z. Source file · JSON

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