[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR788.1]

[Page 657]
 
                             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. 788.1  Statutory provisions.




Sec.
788.1 Statutory provisions.
788.2 Matters not discussed in this part.
788.3 Purpose of this part.
788.4 Significance of official interpretations.
788.5 Reliance on official interpretations.
788.6 Scope of the section 13(a)(13) exemption.
788.7 ``Planting or tending trees.''
788.8 ``Cruising, surveying, or felling timber.''
788.9 ``Preparing * * * logs.''
788.10 ``Preparing * * * other forestry products.''
788.11 ``Transporting [such] products to the mill, processing plant, 
          railroad, or other transportation terminal.''
788.12 Limitation of exemption to specific operations in which ``number 
          of employees * * * does not exceed eight.''
788.13 Counting the eight employees.
788.14 Number employed in other than specified operations.
788.15 Multiple crews.
788.16 Employment relationship.
788.17 Employees employed in both exempt and nonexempt work.

    Authority: Secs. 1-19, 52 Stat. 1060, as amended; 29 U.S.C. 201-219.

    Source: 34 FR 15794, Oct. 14, 1969, unless otherwise noted.


    Section 13(a)(13) of the Fair Labor Standards Act of 1938, as 
amended, provides an exemption from the minimum wage and overtime 
requirements of the Act, as follows:

    The provisions of sections 6 and 7 shall not apply with respect to * 
* * any employee employed in planting or tending trees, cruising, 
surveying, or felling timber, or in preparing or transporting logs or 
other forestry products to the mill, processing plant, railroad, or 
other transportation terminal, if the number of employees employed by 
his employer in such forestry or lumbering operations does not exceed 
eight.


This exemption, formerly section 13(a)(15) of the Act, was amended by 
the Fair Labor Standards Amendments of 1966 (80 Stat. 830) to change the 
number of employees limitation from 12 to eight, and to redesignate it 
as section 13(a)(13).

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