---
kind: "section"
citation: "29 C.F.R. § 780.311"
title: "29"
number: "780.311"
heading: "Basic conditions of section 13(a)(6)(C)."
url: "https://uscodex.org/cfr/29/780.311"
---

# §780.311. Basic conditions of section 13(a)(6)(C).

- (a) Section 13(a)(6)(C) of the Act applies to an employee who:
  - (1) **Is employed in agriculture.**
  - (2) **Is employed as a hand harvest laborer.**
  - (3) **Is paid on a piece-rate basis.**
  - (4) Is paid piece-rates 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.
  - (5) **Commutes daily from his permanent residence to the farm on which he is so employed.**
  - (6) **Has been employed in agriculture less than 13 weeks during the preceding calendar year.**
- (b) In order for the exemption to apply to an employee, all of the requirements must be met. Since a hand harvest laborer is normally an agricultural worker, while so engaged, such an employee would meet the basic requirements that he be employed in agriculture. Subpart B of this part contains a more detailed discussion of what constitutes employment in agriculture. The meaning and application of the remaining requirements are discussed in the following sections.

## Notes

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; 29 U.S.C. 201-219. Pub. L. 105-78, 111 Stat. 1467.

### Source

Source: 37 FR 12084, June 17, 1972, unless otherwise noted.