Code of Federal Regulations Title 29. Labor § 29.780.301 Other pertinent statutory provisions

(a) Man-day is defined by section 3(u) of the Act as follows:

“Man-day” means any day during which an employee performs any agriculture labor for not less than 1 hour.

(b) Under section 3(e) of the Act the term employee does not include certain individuals in determining mandays of labor.Section 3(e) provides that:

“Employee” includes any individual employed by an employer, except that such term shall not, for the purposes of section 3(u) include:

(c) The legislative history of the 1966 amendments to the Fair Labor Standards Act indicates that the Congress in enacting minimum wage protection (section 6(a)(5)) for agriculture workers for the first time sought to provide a minimum wage floor for the farmworkers on large farms or agri-business enterprises. The section 13(a)(6)(A) exemption was intended to exempt those farmworkers on the smaller or familysize farms. In keeping with this intention, a labor requirement of 500 man-days was incorporated into the exemption, and certain workers were specifically excluded from the man-day count, as provided in section 3(e)(1) and (2).