29 C.F.R. § 782.2 Requirements For Exemption In General
Library | Code of Federal Regulations |
Edition | 2022 Edition |
Currency | Current through December 31, 2022 |
(a) The exemption of an employee from the hours provisions of the Fair Labor Standards Act under section 13(b)(1) depends both on the class to which his employer belongs and on the class of work involved in the employee's job. The power of the Secretary of Transportation to establish maximum hours and qualifications of service of employees, on which exemption depends, extends to those classes of employees and those only who:
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(1) Are employed by
carriers whose transportation of passengers or property by motor vehicle is
subject to his jurisdiction under section 204 of the Motor Carrier Act (
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(2) engage in activities of a character
directly affecting the safety of operation of motor vehicles in the
transportation on the public highways of passengers or property in interstate
or foreign commerce within the meaning of the Motor Carrier Act.
(b)
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(1) The carriers whose transportation
activities are subject to the Secretary of Transportation jurisdiction are
specified in the Motor Carrier Act itself (see 782.1 ). His jurisdiction over
private carriers is limited by the statute to private carriers of property by
motor vehicle, as defined therein, while his jurisdiction extends to common and
contract carriers of both passengers and property. See also the discussion of
special classes of carriers in 782.8. And see paragraph (d) of
this section. The U.S. Supreme Court has accepted the Agency determination
that activities of this character are included in the kinds of work which has
been defined as the work of drivers, driver's helpers, loaders, and mechanics
(see 782.3 to
) employed by such carriers,
and that no other classes of employees employed by such carriers perform duties
directly affecting such "safety of operation." Ex parte No. MC-2, 11 M.C.C.
203; Ex parte No. MC-28, 13 M.C.C. 481; Ex parte No. MC-3, 23 M.C.C. 1; Ex
parte Nos. MC-2 and MC-3, 28 M.C.C. 125; 782.6
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(2) The exemption is applicable, under
decisions of the U.S. Supreme Court, to those employees and those only whose
work involves engagement in activities consisting wholly or in part of a class
of work which is defined:
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