Interpretative Bulletin [of the Fair Labor Standards Act of 1938]., Part 788 |
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... investment , and the degree of control which the principal has in the situation . The Court specifi- cally rejected the degree of control retained by the principal as the sole criterion to be applied . At least in one situation it is ...
... investment , and the degree of control which the principal has in the situation . The Court specifi- cally rejected the degree of control retained by the principal as the sole criterion to be applied . At least in one situation it is ...
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Common terms and phrases
788.1 STATUTORY PROVISIONS 788.2 INTRODUCTORY 788.5 TRANSPORTING 788.7 EMPLOYEES EMPLOYED Administrator Amendments amount available brush concentration yard COUNTING THE TWELVE Court crew boss crew members criteria cruising defeated degree of control described operations discuss employed in planting employees are employed Employees engaged employer's employees employed employers and employees emption will apply engaged in commerce exceed twelve EXEMPT AND NONEXEMPT exempt transportation Fair Labor Standards felling timber forestry or lumbering forestry products include incorrect inde interpretations Loading lumbering operations MENT mill ministrator Motor carrier named operations opera operated business operations not named paring pendent performed planting or tending ployed ployees Portal-to-Portal Act Preparing logs processing plant products are delivered provided in section provisions of section purpose railroad regardless sawmill or concentration section 13 shipment Similarly stantial Stat STATUTORY PROVISIONS CONSIDERED surveying tending trees tions total number total situation transportation terminal transporting logs twelve employees unloaded woods workweek
Popular passages
Page 788-10 - provide a practical guide to employers and employees as to how the office representing the public interest in its enforcement will seek to apply it" and "constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance.
Page 788-10 - The provisions of sections в 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 twelve.
Page 788-11 - These are 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. § 788.7 "Planting or tending trees." Employees employed in "planting or tending trees...
Page 788-10 - ... (14) any employee employed as a seaman on a vessel other than an American vessel; or "(15) 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 twelve...
Page 788-11 - ... is among the described operations. Loading and unloading, when performed by employees employed in the named operations, are included as exempt operations. Loading logs or other forestry products onto railroad cars or other transportation facilities for further shipment if performed as part of the exempt transportation will be considered a step in the exempt transportation (Woods Lumber Co. v. Tobin. 199 F.
Page 788-11 - cruising * * * timber" include all those members of a field crew whose purpose is to estimate and report on the volume of marketable timber. Employees engaged in "surveying * * * timber" include the customary members of a crew accomplishing that function such as the chainmen, the transit men, the rodmen, and the axmen who clear the ground of brush or trees in order that the transit men may obtain a clear sight. Similarly, the usual members of a crew which goes to the woods for the purpose of felling...
Page 788-11 - surveying * * * timber" include the customary members of a crew accomplishing that function such as the chainmen, the transit men, the rodmen, and the axmen who clear the ground of brush or trees in order that the transit men may obtain a clear sight. Similarly, the usual members of a crew which goes to the woods for the purpose of felling timber and preparing and transporting logs are engaged in operations described in the exemption. Typically included, when members of such a crew, are fellers,...
Page 788-11 - The omission to discuss a particular problem in this part or in interpretations supplementing it should not be taken to indicate the adoption of any position by the Secretary of Labor or the Administrator with respect to such problem or to constitute an administrative interpretation or practice or enforcement policy.
Page 788-10 - a practical guide to employers and employees as to how the office representing the public interest in enforcement of the law will seek to apply it" (Skidmore v. Swift & Co., 324 US 134). § 788.4 Significance of official interpretations. The interpretations contained in this part indicate, with respect to section 13 (a) (15) of the Act which refers to small forestry or lumbering operations, the construction of the law which the Secretary of Labor and the Administrator believe to be correct and which...