Wage and Hour Division, Labor § 780.309

from the monetary provisions under Such employees are exempt under the another section of the Act. For exam- basic provisions of section 13(a)(6)(A). ple, a general manager of a farm may be an exempt executive employee § 780.307 Exemption for employer’s im- under section 13(a)(1) or a sheepherder mediate family. may meet the requirements of section Section 13(a)(6)(B) of the Fair Labor 13(a)(6)(E). Regardless of those exemp- Standards Amendments of 1966 pro- tions, their man-days of employment vides a minimum wage and overtime would be included in the man-day exemption in the case of ‘‘any em- count of the employer. ployee engaged in agriculture * * * if (c) A farmer whose crops are har- such employee is the parent, spouse, vested by an independent contractor is child, or other member of the employ- considered to be a joint employer with er’s immediate family.’’ The require- the contractor who supplies the har- vest hands if the farmer has the power ments of this exemption, evident from to direct, control or supervise the the statutory language, are that the work, or to determine the pay rates or employee be employed in agriculture method of payment for the harvest and that he be a close blood relative, hands. (See § 780.331.) Each employer spouse or member of the employer’s must include the contractor’s employ- immediate family. Reference is made ees in his man-day count in deter- to subpart B of this part as to what mining whether his own man-day test constitutes employment in agriculture. is met. Each employer will be consid- The section 13(a)(6)(B) exemption ap- ered responsible for compliance with plies to such an individual even though the minimum wage and child labor re- he is employed by an employer who quirements of the Act with respect to otherwise used more than 500 man-days the employees who are jointly em- of agricultural labor in a calendar ployed. quarter of the preceding calendar year, as discussed in § 780.305. [37 FR 12084, June 17, 1972, as amended at 38 FR 27520, Oct. 4, 1973] § 780.308 Definition of immediate fam- § 780.306 Calendar quarter of the pre- ily. ceding calendar year defined. The Act does not define the scope of In applying section 13(a)(6)(A), it is ‘‘immediate family.’’ Whether an indi- necessary to consider each of the four vidual other than a parent, spouse or calendar quarters (January 1–March 31; child will be considered as a member of April 1–June 30; July 1–September 30; the employer’s immediate family, for October 1–December 31) in the pre- purposes of sections 3(e)(1) and ceding calendar year (January 1–De- 13(a)(6)(b), does not depend on the fact cember 31). If in any calendar quarter that he is related by blood or marriage. of the preceding calendar year the em- Other than a parent, spouse or child, ployer used more than 500 man-days of only the following persons will be con- agricultural labor, he must comply sidered to qualify as part of the em- with the minimum wage requirements ployer’s immediate family: Step-chil- of section 6(a)(5) with respect to any dren, foster children, step-parents and employee not otherwise exempt in the foster parents. Other relatives, even current year. Compliance with the Act when living permanently in the same is required in the current year regard- household as the employer, will not be less of the number of man-days of agri- considered to be part of the ‘‘imme- cultural labor used in the current year. diate family.’’ On the other hand, if in the preceding calendar year the number of man-days [38 FR 17726, July 3, 1973] used did not exceed 500 in any calendar quarter, there is no requirement to § 780.309 Man-day exclusion. comply with respect to employment of Section 3(e)(1) specifically excludes agricultural labor in the current cal- from the employer’s man-day total (as endar year regardless of how many defined in section 3(u)) employees who man-days are used in any calendar qualify for exemption under section quarter of the current calendar year. 13(a)(6)(B). See § 780.301. This man-day

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