29 CFR § 780.723 - Exempt and nonexempt employment.
---
identifier: "/us/cfr/t29/s780.723"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 780.723 - Exempt and nonexempt employment."
title_number: 29
title_name: "Labor"
section_number: "780.723"
section_name: "Exempt and nonexempt employment."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS"
part_number: "780"
part_name: "EXEMPTIONS APPLICABLE TO AGRICULTURE, PROCESSING OF AGRICULTURAL COMMODITIES, AND RELATED SUBJECTS UNDER THE FAIR LABOR STANDARDS ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "37 FR 12084, June 17, 1972, unless otherwise noted."
cfr_part: "780"
---
# 780.723 Exempt and nonexempt employment.
Under section 13(b)(14), where an employee, for part of his workweek, is employed “by” an “exempt” establishment (one commonly recognized as a country elevator which has five employees or less employed in the establishment in such operations in that workweek) and the employee is, in his employment by the establishment, employed “within the area of production” as defined by the regulations, but in the remainder of the workweek is employed by his employer in an establishment or in activities not within this or another exemption provided by the Act, in the course of which he performs any work to which the Act applies, the employee is, not exempt for any part of that workweek (see *Mitchell* v. *Hunt,* 263 F. 2d 913; *Waialua* v. *Maneja,* 77 F. Supp. 480; *Walling* v. *Peacock Corp.,* 58 F. Supp. 880; *McComb* v. *Puerto Rico Tobacco Marketing Co-op. Ass'n,* 181 F. 2d 697).