The basic requirements for exemption of country elevator employees
under section 13(b)(14) of the Act are as follows:
(a) The employing establishment must:
(1) Be an establishment ``commonly recognized as a country
elevator,'' and
(2) Have not more than five employees employed in its operations as
such; and
(b) The employee must:
(1) Be ``employed by'' such establishment, and
(2) Be employed ``within the area of production,'' as defined by the
Secretary of Labor.
All the requirements must be met in order for the exemption to apply to
an employee in any workweek. The requirements in section 13(b)(14) are
``explicit prerequisites to exemption'' and the burden of showing that
they are satisfied rests upon the employer who asserts that the
exemption applies (Arnold v. Kanowsky, 361 U.S. 388). In accordance with
the general rules stated in Sec. 780.2 of subpart A of this part, this
exemption is to be narrowly construed and applied only to those
establishments plainly and unmistakably within its terms and spirit. The
requirements for its application will be separately discussed below.
