29 C.F.R. § 780.300

Statutory exemptions in section 13(a)(6)

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Section 13(a)(6) of the Act exempts from the minimum wage requirements of section 6 and from the overtime pay requirements of section 7:

Any employee employed in agriculture: (A) If such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, (B) if such employee is the parent, spouse, child, or other member of his employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than 13 weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is 16 years of age or under and is employed as a hand harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age 16 are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock.

Notes of Decisions

Cited in 2 cases, 2005–2005 · leading case: David Valles John Breslin, & Members of the Gen. Pub. Similarly Situated v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005).

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David Valles John Breslin, & Members of the Gen. Pub. Similarly Situated v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005). “Indeed, under Ivy Hill’s logic, the fact that some workers, such as farm workers employed on small farms are exempted from the federal minimum wage, see 29 C.F.R. § 780.300 (2005), would render the minimum wage negotiable for all employees.”

Valles v. Ivy Hill Corp. (9th Cir. 2005). “Indeed, under Ivy Hill’s logic, the fact that some workers, such as farm workers employed on small farms are exempted from the federal minimum wage, see 29 C.F.R. § 780.300 (2005), would render the minimum wage negotia- ble for all employees.”

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