The Wilmington morning star., 1940-12-09

IS cents a pound and has realiz-
ed a profit of $1.50 for each tur-
key after deducting all expenses.
fields and perform no work at all
outside of the groves CT fields.
2. Such driver may be within the
hours exemption provided by Sec
ton 10 (b) Q) of the Act for certain
employees of motor carriers whose
hours are regulated by the I. C. C.
See paragraph 5 through 7 OF Inter-
pretative Bulletin No. 9.
3. Exempt, if such employees can
meet all of the requirements set
forth in definitions of Administra-
tive and Executive employees, effec-
tive October "a, 1910. These require
ments are:
The term "employee employed in
a bona fide executive -. capacity"
in section 10 (a) % of the Act shall
mean any employee whose primary
duty consists of the management of
the establishment in which he is EN-
ployed OF of a customarily recognized
department or subdivision thereof,
and who customarily and regularly
directs the work of other employees
therein, and who has the authority
to hire or fire other employees or
whose suggestions and recommended
tons as to the hiring or firing and
as to the advancement and promo
ton or any other change of status
of other employees will be given par
ticular weight, and who customarily
and regularly exercises discretionary
power, and who is compensated for
his services on a salary basis at not
less than $50 week Exclusive of
board, lodging, or other facilities),
and whose hours of work of the same
nature as that performed by nom
exempt employees do not exceed
twenty pei cent of the number of
hours worked in the workweek by
the non-eXempt employees under
his direction; provided that this SUBJ
section shall not apply in the East of
an employee who is in sole charge
of an independent establishment or
a physically separated branch estab-
lishment.
Administrative
The term employee employed in q
bona fide administrative j..
capacity in section Is (a) % of the
1tct shall mea any employee who
is compensated for his services on a
salary or fee basis at a rate of not
less than $22 a month Exclusive of
board. lodging, II other facilities),
and who regularly and directly as
sists an employee employed in a bona
fide executive or administrative ca
pacity Gas such terms are defined
in these regulations), where such as
sistance is nonmanual in nature and
requires the exercise of discretion
and independent judgment; or who
performs under only general super
vision, responsible nonmanual office
or field work, directly related to man
agement policies or general business
operations, along specialized or tech
meal lines requiring special training,
experience, or knowledge. and which
requires the exercise of discretion
and independent judgment; or whose
work involves the execution under
only general supervision of Social
nonmanual assignments and tasks C.
rectly related to management policies
or general business operations lnvolv-
ing the exercise or discretion and in
dependent judgment.
4. Where boxes are set up and
lids are nailed on under contract, by
workers who r not employees I
the packing house, there is no hours
exemption for such operations.
5, The status of these workers is
difficult to determine without specl-
fic information regarding the work
of the particular employees. lnfor-
nation on the extent to WHICH Their
hours Of work have f~luctuated with
the hours of production employees is
pertinent. If it appears that the.
hours of work have varied lrectlv
with the amount of fruit packed, it
would appear that they are included
within this exemption.