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Content Last Revised: 8/20/70
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 784  

Provisions of the Fair Labor Standards Act Applicable to Fishing and Operations on Aquatic Products

 

 

 

Subpart B  

Exemptions Provisions Relating to Fishing and Aquatic Products


29 CFR 784.124 - Going to and returning from work.

  • Section Number: 784.124
  • Section Name: Going to and returning from work.

    The phrase ``including the going to and returning from work'' 
relates to the preceding named operations which pertain to the procuring 
and appropriation of seafood and other forms of aquatic life from 
nature. The expression obviously includes the time spent by fishermen 
and others who go to and from the fishing grounds or other locations 
where the aquatic life is reduced to possession. If going to work 
requires fishermen to prepare and carry the equipment required for the 
fishing operation, this would be included within the exemption. In 
performing such travel the fishermen may be required to row, guide or 
sail the boat or otherwise assist in its operation. Similarly, if an 
employee were digging for clams or other shellfish or gathering seaweed 
on the sand or rocks it might be necessary to drive a truck or other 
vehicle to reach his destination. Such activities are exempt within the 
meaning of this language. However, the phrase does not apply to 
employees who are not employed in the activities involved in the 
acquisition of aquatic animal or vegetable life, such as those going to 
or returning from work at processing or refrigerator plants or wholesale 
establishments.
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