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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 784.128 - Requirements for exemption of first processing, etc., at sea.

  • Section Number: 784.128
  • Section Name: Requirements for exemption of first processing, etc., at sea.

    A complete exemption from minimum and overtime wages is provided by 
section 13(a)(5) for employees employed in the operations of first 
processing, canning, or packing of marine products at sea as an incident 
to, or in conjunction with ``such'' fishing operations--that is, the 
fishing operations of the fishing vessel (S. Rep. 145, 87th Cong., first 
session, p. 33). To qualify under this part of the exemption, there must 
be a showing that: (a) The work of the employees is such that they are, 
within the meaning of the Act, employed in one or more of the named 
operations of first processing, canning or packing, (b) such operations 
are performed as an incident to, or in conjunction with, fishing 
operations of the vessel, (c) such operations are performed at sea, and 
(d) such operations are performed on the marine product specified in the 
statute.
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