[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR788.6]

[Page 703]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 788_FORESTRY OR LOGGING OPERATIONS IN WHICH NOT MORE THAN EIGHT 
EMPLOYEES ARE EMPLOYED--Table of Contents
 
Sec. 788.6  Scope of the section 13(a)(13) exemption.

    Employees will not be held exempt under section 13(a)(13) unless 
they are clearly shown to come within its terms. (Wirtz v. F. M. Sloan 
Co., 4ll F. 2d 56 (C.A. 3), 18 WH Cases 878; Gatlin Lumber Co. v. 
Mitchell, 287 F. 2d 76 (C.A. 5) cert. denied, 366 U.S. 963.) By its 
terms, the exemption is limited to those employed in the named 
operations by an employer who employs not more than eight employees 
therein. The named operations are described in terms of ordinary speech 
and mean what they mean in ordinary intercourse in this context. These 
operations include the incidental activities normally performed by 
persons employed in them, but do not include mill operations.