29 CFR 780.404 - Activities of the employer considered in some situations.

Code of Federal Regulations - Title 29: Labor

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Title 29: Labor

Subtitle B: Regulations Relating to Labor (Continued)

CHAPTER V: WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

SUBCHAPTER B: STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS

PART 780: EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT

Subpart E: Employment in Agriculture or Irrigation That Is Exempted From the Overtime Pay Requirements Under Section 13(b)(12)

780.404 - Activities of the employer considered in some situations.Although the activities of the individual employee, as distinguished from those of his employer, constitute the ultimate test for applying the exemption, it is necessary in some instances to examine the activities of the employer. For example, in resolving the status of the employees of an irrigation company for purposes of the agriculture exemption, the U.S. Supreme Court, found it necessary to consider the nature of the employer's activities (Farmers Reservoir Co. v. McComb, 337 U.S. 755).

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