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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act |
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| Employment by Small Country Elevators Within Area of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14) |
29 CFR 780.714 - Employees employed ``in such operations'' to be counted.
- Section Number: 780.714
- Section Name: Employees employed ``in such operations'' to be counted.
(a) The five-employee limitation on the exemption for country
elevators relates to the number of employees employed in the
establishment ``in such operations.'' This means that the employees to
be counted include those employed in, and do not include any who are not
employed in, the operations of the establishment commonly recognized as
a country elevator, including the operations of such an establishment in
selling products and services used in the operation of a farm, as
previously explained.
(b) In some circumstances, an employee employed in an establishment
commonly recognized as a country elevator may, during his workweek, be
employed in work which is not part of the operations of the elevator
establishment. This would be true, for example, in the case of an
employee who spends his entire workweek in the construction of an
overflow warehouse for the elevator. Such an employee would not be
counted in that workweek because constructing a warehouse is not part of
the operations of the country elevator but is an entirely distinct
activity.
(c) Employees employed by the same employer in a separate
establishment in which he is engaged in a different business, and not
employed in the operations of the elevator establishment, would not be
counted.
(d) Employees not employed by the elevator establishment who come
there
sporadically, occasionally, or casually in the course of their duties
for other employers are not employed in the operations of the
establishment commonly recognized as a country elevator and would not be
counted in determining whether the five-employee limitation is exceeded
in any workweek. Examples of such employees are employees of a
restaurant who bring food and beverages to the elevator employees, and
employees of other employers who make deliveries to the establishment.
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