Code of Federal Regulations Title 29. Labor § 29.780.810 Employees not “engaged in” ginning

Since an employee must actually be “engaged in” ginning of cotton to come within the exemption, an employee engaged in other tasks, not an integral part of “ginning” operations, will not be exempt. (See, for rule that only the employees performing the work described in the exemption are exempt, Wirtz v. Burton Mercantile and Gin Co., Inc., 234 F. Supp. 825, aff'd per curiam338 F. 2d 414, cert. denied380 U.S. 965;  Wirtz v. Kelso Gin Co., Inc. (E.D. Ark.) 50 Labor Cases 31, 631, 16 WH Cases 663;  Mitchell v. Stinson, 217 F. 2d 210;  Phillips v. Meeker Cooperative Light and Power Ass'n 63 F. Supp. 743, affirmed158 F. 2d 698;  Jenkins v. Durkin, 208 F. 2d 941;  Heaburg v. Independent Oil Mill, Inc., 46 F. Supp. 751;  Abram v. San Joaquin Cotton Oil Co., 46 F. Supp. 969.) The following activities are among those not within the meaning of the term “engaged in ginning of cotton”: