The basic requirements for exemption of country elevator employees under section 13(b)(14) of the Act are as follows:
(a) The employing establishment must:
(1) Be an establishment “commonly recognized as a country elevator,” and
(2) Have not more than five employees employed in its operations as such; and
(b) The employee must:
(1) Be “employed by” such establishment, and
(2) Be employed “within the area of production,” as defined by the Secretary of Labor.
All the requirements must be met in order for the exemption to apply to an employee in any workweek. The requirements in section 13(b)(14) are “explicit prerequisites to exemption” and the burden of showing that they are satisfied rests upon the employer who asserts that the exemption applies
Code of Federal Regulations
- Page 595
(Arnold v. Kanowsky, 361 U.S. 388). In accordance with the general rules stated in § 780.2 of subpart A of this part, this exemption is to be narrowly construed and applied only to those establishments plainly and unmistakably within its terms and spirit. The requirements for its application will be separately discussed below.
Title 29 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.