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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 794  

Partial Overtime Exemption for Employees of Wholesale or Bulk Petroleum Distributors Under Section 7(B)(3) of the Fair Labor Standards Act

 

 

 

Subpart B  

Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act

29 CFR 794.102 - Guides for construing exemptions.

  • Section Number: 794.102
  • Section Name: Guides for construing exemptions. 
    It is judicially settled that ``The details with which the 
exemptions in this Act have been made preclude their enlargement by 
implication'' and ``no matter how broad the exemption, it is meant to 
apply only to'' the employment specified in the statute. Conditions 
specified in the language of the Act are ``explicit prerequisities to 
exemption.'' Accordingly, it is the well-established rule that 
exemptions from the Act ``are to be narrowly construed against the 
employer seeking to assert them'' and their applications is limited to 
those who come ``plainly and unmistakably within their terms and 
spirit.'' An employer who claims such an exemption has the burden of 
showing that it applies. See Wirtz v. Lunsford, 404 F. 2d 693 (C.A. 6); 
Addison v. Holly Hill, 322 U.S. 607; Maneja v. Waialua, 349 U.S. 254; 
Phillips v. Walling, 334 U.S. 490; Arnold v. Kanowsky, 361 U.S. 388; 
Mitchell v. Kentucky Finance Co., 359 U.S. 290; Walling v. General 
Industries Co., 330 U.S. 545.
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