29 CFR § 788.6 - Scope of the section 13(a)(13) exemption.
---
identifier: "/us/cfr/t29/s788.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 788.6 - Scope of the section 13(a)(13) exemption."
title_number: 29
title_name: "Labor"
section_number: "788.6"
section_name: "Scope of the section 13(a)(13) exemption."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS"
part_number: "788"
part_name: "FORESTRY OR LOGGING OPERATIONS IN WHICH NOT MORE THAN EIGHT EMPLOYEES ARE EMPLOYED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1-19, 52 Stat. 1060, as amended; 29 U.S.C. 201-219."
regulatory_source: "34 FR 15794, Oct. 14, 1969, unless otherwise noted."
cfr_part: "788"
---
# 788.6 Scope of the section 13(a)(13) exemption.
Employees will not be held exempt under section 13(a)(13) unless they are clearly shown to come within its terms. (*Wirtz* v. *F. M. Sloan Co.,* 4ll F. 2d 56 (C.A. 3), 18 WH Cases 878; *Gatlin Lumber Co.* v. *Mitchell,* 287 F. 2d 76 (C.A. 5) cert. denied, 366 U.S. 963.) By its terms, the exemption is limited to those employed in the named operations by an employer who employs not more than eight employees therein. The named operations are described in 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.