(a) Employees employed ``in the establishment,'' if employed ``in
such operations'' as previously explained, are to be counted in
determining whether the five-employee limitation on the exemption is
exceeded.
(b) Employees employed ``in'' the establishment clearly include all
employees engaged, other than casually or sporadically, in performing
any duties of their employment there, regardless of whether they are
direct employees of the country elevator establishment or are employees
of a farmer, independent contractor, or other person who are suffered or
permitted to work (see Act, section 3(g)) in the establishment. However,
tradesmen, such as dealers and their salesmen, for example, are not
employed in the elevator simply because they visit the establishment to
do business there. Neither are workers who deliver, on behalf of their
employers, goods used in the sideline business of the establishment to
be considered employed in the elevator.
(c) The use of the language ``employed in'' rather than ``engaged
in'' makes it plain also that the employees to be counted include all
those employed by the establishment in its operations without regard to
whether they are engaged in the establishment or away from it in
performing their duties. This has been the consistent interpretation of
similar language in other sections of the Act.
