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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 780.718 - Employees who may be exempt.

  • Section Number: 780.718
  • Section Name: Employees who may be exempt.

    Employees employed ``by'' a country elevator establishment which 
qualifies for exemption will be exempt, if the ``area of production'' 
requirement is met, while they are engaged in any of the customary 
operations of the establishment which is commonly recognized as a 
country elevator. Included among such employees are those who are 
engaged in selling the elevator's goods or services, keeping its books, 
receiving, handling, and loading out grain, grinding and mixing feed or 
treating seed for farmers, performing ordinary maintenance and repair of 
the premises and equipment or engaging in any other work of the 
establishment which is commonly recognized as part of its operations as 
a country elevator. An employee employed by such an elevator is not 
restricted to performing his work inside the establishment. He may also 
engage in his exempt duties away from the elevator. For example, a 
salesman who visits farmers on their farms to discuss the storage of 
their grain in the elevator is performing exempt work while on such 
visits. It is sufficient that an employee employed by an elevator is, 
while working away from the establishment, doing the exempt work of the 
elevator. If the establishment is engaged only in activities commonly 
recognized as those of a country elevator and none of its employees 
engaged in any other activities, all the employees employed by the 
country elevator will come within the exemption if no more than five 
employees are employed in the establishment in such operations and if 
the ``area of production'' requirement is met.
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