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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 780.706 - Recognition of character of establishment.

  • Section Number: 780.706
  • Section Name: Recognition of character of establishment.

    A further requirement for exemption is that the establishment must 
be ``commonly recognized'' as a country elevator. The word ``commonly'' 
means ordinarily or generally and the term ``recognized'' means known. 
An elevator should be generally known by the
public as a country elevator. This requirement imposes, on the 
establishment for whose employees exemption is sought, the obligation to 
demonstrate that it engages in the type of work and has the attributes 
which will cause the general public to know it as a country elevator. 
The recognition which the statute requires must be shown to exist if the 
employer seeks to take the benefit of the exemption (see Arnold v. 
Kanowsky, 361 U.S. 388, 395).
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