---
kind: "section"
citation: "29 C.F.R. § 780.319"
title: "29"
number: "780.319"
heading: "Basic conditions of exemption."
url: "https://uscodex.org/cfr/29/780.319"
---

# §780.319. Basic conditions of exemption.

- (a) [Section 13(a)(6)(D)](/cfr/29/13.md?p=a-6-D) applies to an employee engaged in agriculture who meets all of the following tests:
  - (1) Is not a local hand harvest laborer,
  - (2) Is 16 years of age or under,
  - (3) Is employed as a hand harvest laborer,
  - (4) Is paid on a piece rate basis,
  - (5) Is employed 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,
  - (6) Is employed on the same farm as his parent or person standing in the place of his parent, and
  - (7) **Is paid at the same piece rate as employees over age 16 are paid on the same farms.**
- (b) Some of these requirements which are common to both sections [13(a)(6)(C)](/cfr/29/13.md?p=a-6-C) and [13(a)(6)(D)](/cfr/29/13.md?p=a-6-D) have already been discussed in connection with [section 13(a)(6)(C)](/cfr/29/13.md?p=a-6-C) and need not be repeated. They are found in [§§ 780.311](/cfr/29/780.311.md) (employed in agriculture), 780.312 (hand harvest laborer), 780.313 (piece rate basis), and 780.314 (operations customarily * * * paid on a piece rate basis). The other 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.