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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)

• Section Number: 780.704
• Section Name: Dependence of exemption on nature of employing establishment.

    If an employee is to be exempt under section 13(b)(14), he must be 
employed by an ``establishment'' which is ``commonly recognized as a 
country elevator.'' If he is employed by such an establishment, the fact 
that it may be part of a larger enterprise which also engages in 
activities that are not recognized as those of country elevators (see 
Tobin v. Flour Mills, 185 F. 2d 596) would not make the exemption 
inapplicable.