[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: 29CFR793.14]

[Page 740]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 793_EXEMPTION OF CERTAIN RADIO AND TELEVISION STATION EMPLOYEES 
 
Sec. 793.14  Employed by.

    The application of the exemption is limited to employees ``employed 
by'' a radio or television station. The question whether a worker is 
employed ``by'' a radio or television station depends on the particular 
facts. (See Rutherford Food Corporation v. McComb, 331 U.S. 722; U.S. v. 
Silk, 331 U.S. 704.) In general, however, an employee is so employed 
where he is hired by the radio or television station, engages in its 
work, is paid by the radio or television station and is under its 
supervision and control. Employees of independent contractors and of 
others who work for a radio or television station but who are not 
``employed by'' such station are not exempt under this exemption even if 
they engage in the named occupation. (Mitchell v. Kroger, 248, F. 2d 
935.)