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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 780  

Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects Under the Fair Labor Standards Act

 

 

 

Subpart H  

Employment by Small Country Elevators Within Area of Production; Exemption From Overtime Pay Requirements Under Section 13(b)(14)


29 CFR 780.723 - Exempt and nonexempt employment.

  • Section Number: 780.723
  • Section Name: 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).
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