[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR780.2]

[Page 562-563]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 780_EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL 
 
                         Subpart A_Introductory
 
Sec. 780.2  Exemptions from Act's requirements.

    The Act provides a number of specific exemptions from the general 
requirements described in Sec. 780.1. Some are exemptions from the 
overtime provisions only. Others are from the child labor provisions 
only. Several are exemptions from both the minimum wage and the overtime 
requirements of the Act. Finally, there are some exemptions from all 
three--minimum wage, overtime pay, and child labor requirements. An 
employer who claims an exemption under the Act has the burden of showing 
that it applies (Walling v. General Industries Co., 330 U.S. 545; 
Mitchell v. Kentucky Finance Co., 359 U.S. 290). Conditions specified in 
the language of the Act are ``explicit prerequisites to

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exemption'' (Arnold v. Kanowsky, 361 U.S. 388). ``The details with which 
the exemptions in this Act have been made preclude their enlargement by 
implication'' and ``no matter how broad the exemption, it is meant to 
apply only to'' the specified activities (Addison v. Holly Hill, 322 
U.S. 607; Maneja v. Waialua, 349 U.S. 254). Exemptions provided in the 
Act ``are to be narrowly construed against the employer seeking to 
assert them'' and their application limited to those who come ``plainly 
and unmistakably within their terms and spirit'' (Phillips v. Walling, 
334 U.S. 490; Mitchell v. Kentucky Finance Co., 359 U.S. 290; Arnold v. 
Kanowsky, 361 U.S. 388).