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Content Last Revised: 10/14/69
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 788  

Forestry or Logging Operations In Which Not More Than Eight Employees Are Employed

29 CFR 788.6 - Scope of the section 13(a)(13) exemption.

  • Section Number: 788.6
  • Section Name: Scope of the section 13(a)(13) exemption. 
    Employees will not be held exempt under section 13(a)(13) unless 
they are clearly shown to come within its terms. (Wirtz v. F. M. Sloan 
Co., 4ll F. 2d 56 (C.A. 3), 18 WH Cases 878; Gatlin Lumber Co. v. 
Mitchell, 287 F. 2d 76 (C.A. 5) cert. denied, 366 U.S. 963.) By its 
terms, the exemption is limited to those employed in the named 
operations by an employer who employs not more than eight employees 
therein. The named operations are described in terms of ordinary speech 
and mean what they mean in ordinary intercourse in this context. These 
operations include the incidental activities normally performed by 
persons employed in them, but do not include mill operations.
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