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Part 782—Exemption From Maximum Hours Provisions for
Certain Employees of Motor Carriers
AUTHORITY: Sections 782.0 to 782.8 issued under 52 Stat. 1060, as amended; 29
SOURCE: Sections 782.0 to 782.7 appear at 13 F. R. 2346.
applicability of the exemption provided by section (a) Since the enactment of the Fair Labor
13 (b) (1) of the Fair Labor Standards Act, the Standards Act of 1938, the views of the Admin
construction of the law which the Secretary of istrator of the Wage and Hour Division as to the
Labor and the Administrator believe to be correct scope and applicability of the exemption provided
in the light of the decisions of the courts and of by section 13 (b) (1) of the act have been ex
the Interstate Commerce Commission, and which pressed in interpretations issued from time to time
will guide them in the performance of their ad
ministrative duties under the act unless and until in various forms. This part, as of the date of its publication in the FEDERAL REGISTER, su
they are otherwise directed by authoritative depersedes and replaces such prior interpretations.
cisions of the courts or conclude, upon reexaminaIts purpose is to make available in one place tion of an interpretation that it is incorrect. The general interpretations of the Administrator interpretations contained in this part are interwhich will provide "a practical guide to employ
pretations on which reliance may be placed as proers and employees as to how the office representing
vided in section 10 of the Portal-to-Portal Act, the public interest in enforcement of the law will so long as they remain effective and are not modiseek to apply it."i The interpretations contained fied, amended, rescinded, or determined by judicial
authority to be incorrect. i Skidmore v. Swift & Co., 323 U, S. 134.
"Under Reorganization Plan No. 6 of 1950 (15 F. R. 3174), effective May 24, 1950 and pursuant to General Order No. 45A (16 F. R. 4272, May 9, 1951) issued by the Secretary of Labor on the same date, interpretations of the provisions (other than the child labor provisions) of the Fair Labor Standards Act, as amended, are issued by SECTION 782.1 STATUTORY PROVI. the Administrator of the Wage and Hour Division on the advice of the Solicitor of Labor, subject to the general direction and
SIONS CONSIDERED control of the Secretary. See 15 F. R. 3290."
Section 16 (c) of the Fair Labor Standards Amendments of 1949 (63 Stat. 910) provides : “Any order, regulation, or interpretation of the Administrator
(a) Section 13 (b) (1) of the Fair Labor of the Wage and Hour Division or of the Secretary of Labor,
Standards Act provides an exemption from the and any agreement entered into by the Administrator or the Secretary, in effect under the provisions of the Fair Labor
maximum hours and overtime requirements of Standards Act of 1938, as amended, on the effective date of this act, shall remain in effect as an order, regulation, interpretation, or agreement of the Administrator or the Secretary, as the section 7 of the act, but not from the minimum case may be, pursuant to this act, except to the extent that any such order, regulation, interpretation, or agreement may be inconsistent with the provisions of this act, or may from time ? Public Law 49, 80th Cong., 1st sess. (61 Stat. 84), disto time be amended, modified, or rescinded by the Administrator cussed in Part 790 (statement on effect of Portal-to-Portal or the Secretary, as the case may be, in accordance with the Act of 1947). See in this connection Reorganization Plan No. provisions of this act.'
6 of 1950 (15 F. R. 3174) and footnote 1, above. 589271_-61
wage requirements of section 6. The exemption able requirements to promote safety of operation, is applicable to:
and to that end prescribe qualifications and maxiAny employee with respect to whom the Interstate mum hours of service of employees, and standards Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the pro
of equipment." visions of section 204 of the Motor Carrier Act, 1935.' (c) Other provisions of the Motor Carrier Act except that the exemption is not applicable to which have a bearing on the scope of section 204 any employee with respect to whom the Interstate include those which define common and contract Commerce Commission has power to establish carriers by motor vehicle, motor carriers, private qualifications and maximum hours of service
carriers of property by motor vehicle, and motor solely by virtue of section 204 (a) (3a) of Part vehicle; 8 those which confer regulatory powers II of the Interstate Commerce Act.34 The act con on the Commission with respect to the transportafers no authority on the Administrator to extend
tion of passengers or property by motor carriers or restrict the scope of this exemption. It is
engaged in interstate or foreign commerce (as settled by decisions of the United States Supreme
defined in the act) 10 and reserve to each State the Court that the applicability of the exemption to
exclusive exercise of the power of regulation of an employee otherwise entitled to the benefits of
intrastate commerce by motor carriers on its highthe Fair Labor Standards Act is determined exclusively by the existence of the power of the In • Motor Carrier Act, sec. 204 (a) (3), 49 U. S. C. sec. 304
(a) (3). terstate Commerce Commission, under section 204 i Motor Carrier Act, sec. 203 (a), (14), (15), (16), (17), 49
U. S. C., sec. 303 (a) (14), (15), (16), (17).
any person which holds Itself out to the general public to en-
foreign commerce of passengers or property of any, class or to him. It is not material whether such qualifi classes thereof for compensation, whether over regular or ircations and maximum hours of service have actu
regular routes, except transportation by motor vehicle by
express company to the extent that such transportation
has heretofore been subject to Part I, to which extent such ally been established by the Commission; the con
transportation shall continue to be considered to be and shall
be regulated as transportation subject to part I." trolling consideration is whether the employee
"(15) The term 'contract carrier by motor vehicle' means
any person which, under individual contracts or agreements, comes within the power of the Commission to do
engages in the transportation (other than transportation re
ferred to in paragraph (14) and the exception therein) by so. The exemption is not operative in the absence
of passengers or property in Interstate or for
eign commerce for compensation." of such power, but an employee with respect to
“(16) The term 'motor carrier' includes both a
carrier by motor vehicle and a whom the Commission has such power is excluded,
contract carrier by motor vehicle."
"(17) The term 'private carrier of property by motor ve automatically, from the benefits of section 7 of the
hicle' means any person not included in the terms 'common
carrier by motor vehicle' or 'contract carrier by motor ve Fair Labor Standards Act.*
hicle,' who or which transports in interstate or foreign com
merce by motor vehicle property of which such person is the (6) Section 204 of the Motor Carrier Act, 1935,3 owner, lessee, or bailee, when such transportation is for the
purpose of sale, lease, rent, or bailment, or in furtherance of
any commercial enterprise." provides that it shall be the duty of the Inter
8 Motor Carrier Act sec, 203 (a) (13), 49 U. 8. C. sec. 303 state Commerce Commission to regulate common (a) (13):
“(13) The term "motor vehicle'
any vehicle, maand contract carriers by motor vehicle as provided chine, tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used upon the highways in the trans
portation of in that act, and that “to that end the Commission
passengers property, or any combination thereof determinined by the Commission, but does not include
any vehicle, locomotive, or car operated exclusively on a rail may establish reasonable requirements with re
or rails, or a trolley bus operated by electric power derived
from a fixed overhead wire, furnishing local passengers transspect to * * * qualifications and maximum hours
portation similar to street-railway service."
• Motor Carrier Act sec. 202 (a), 49 U. S. C. sec 302 (a): of service of employees, and safety of operation
“The provisions of this part apply to the transportation of
passengers or property by motor carriers engaged in inter: and equipment."5 Section 204 further provides
or foreign commerce and to the procurement of and
the provisions of facilities for such transportation, and the that it shall be the duty of the Commission to
regulation of such transportation, and of the procurement
thereof, and the provision of facilities therefor, is hereby “establish for private carriers of property by vested in the Interstate Commerce Commission."
10 Motor Carrier Act, sec. 203 (a) (10), (11), 49 U. S. C. sec. motor vehicle, if need therefor is found, reason
303 (a) (10), (11) :
tween any place in a State and any place in another State Part II of the Interstate Commerce Act, 49 Stat. 646, as
or between places in the same State through another State, amended. 49 U. S. C. 304.
whether such commerce moves wholly by motor vehicle or 3. Pub. No. 939, 84th Cong., 2d Sess. (Aug. 3, 1956, secs. 2 and
partly by motor vehicle and partly by rail, express,
"(11) The * Southland Gasoline Co. v. Bayley, 319 U. S. 44; Boutell v.
‘foreign commerce' Walling, 327 U. S. 463 ; Levinson v. Spector Motor Service, 330
tween any place in the United States and any place in a U. S. 649; Pyramid Motor Freight Corp. v. Ispass, 330 V. S.
foreign country, or between places in the United States through
any foreign country, whether such commerce moves wholly by 695 ; Morris v. McComb, 332 U. S. 422.
motor vehicle or partly by motor vehicle and partly by rail, 6 Motor Carrier Act, sec. 204 (a) (1), (2), 49 U. S. C. sec. 304
express, or water." (a) (1), (2).
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