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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)

• Section Number: 780.712
• Section Name: Limitation of exemption to establishments with five or fewer employees.

    If the operations of an establishment are such that it is commonly 
recognized as a country elevator, its employees may come within the 
section 13(b)(14) exemption provided that ``no more than five employees 
are employed in the establishment in such operations''. The exemption is 
intended, as explained by its sponsor, to ``affect only institutions 
that have five employees or less'' (107 Cong. Rec. (daily ed.) p. 5883). 
Since the Act is applied on a workweek basis, a country elevator is not 
an exempt place of work in any workweek in which more than five 
employees are employed in its operations.