[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: 29CFR788.15]

[Page 660]
 
                             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. 788.15  Multiple crews.

    In many cases an employer who operates a sawmill or concentration 
yard will be supplied with logs or other forestry products by several 
crews of persons who are engaged in the named operations. Frequently 
some or all of such crews, separately considered, do not employ more 
than eight persons but the total number of such employees is in excess 
of eight. Whether the exemption will apply to the members of the 
individual crews which do not exceed eight will depend on whether they 
are employees of the sawmill or concentration yard to which the logs or 
other forestry products are delivered or whether each such crew is a 
truly independently owned and operated business. If the number of 
employees in such a truly independently owned and operated business does 
not exceed eight, the exemption will apply. On the other hand, the 
Secretary and the Administrator will assume that the courts will be 
reluctant to approve as bona fide a plan by which an employer of a large 
number of woods employees splits his employees into several allegedly 
``independent businesses'' in order to take advantage of the exemption.