![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 29 - Labor |
![]() |
Subtitle B - Regulations Relating to Labor |
![]() |
Chapter V - Wage and Hour Division, Department of Labor |
![]() |
SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
![]() |
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) |
![]() |
Establishment Commonly Recognized as a Country Elevator |
§ 780.706 - Recognition of character of establishment.
Latest version.
-
§ 780.706 Recognition of character of establishment.
A further requirement for exemption is that the establishment must be “commonly recognized” as a country elevator. The word “commonly” means ordinarily or generally and the term “recognized” means known. An elevator should be generally known by the public as a country elevator. This requirement imposes, on the establishment for whose employees exemption is sought, the obligation to demonstrate that it engages in the type of work and has the attributes which will cause the general public to know it as a country elevator. The recognition which the statute requires must be shown to exist if the employer seeks to take the benefit of the exemption (see Arnold v. Kanowsky, 361 U.S. 388, 395).