The number of employees referred to in section 13(b)(14) is the
number ``employed in the establishment in such operations''. The
determination of the number of employees so employed involves a
consideration of the meaning of employment ``in the establishment'' and
``in such operations'' in relation to each other. If, in any workweek,
an employee is ``employed in the establishment in such operations'' for
more than a negligible period of time, he should be counted in
determining whether, in that workweek, more than five employees were so
employed. An employee so employed must be counted for this purpose
regardless of whether he would, apart from this exemption, be within the
coverage of the Act. Also, as noted in the following discussion, the
employees to be counted are not necessarily limited to employees
directly employed by the country elevator but may include employees
directly employed by others who are engaged in performing operations of
the elevator establishment.
