The section 13(b)(4) exemption for employment in ``marketing * * *
storing, or distributing'' the named aquatic products or byproducts, as
applied to the wholesaling of fish and seafood, affords exemption to
such activities as unloading the aquatic product at the establishment,
icing or refrigerating the product and storing it, placing the product
into boxes, and loading the boxes on trucks or other transportation
facilities for shipment to retailers or other receivers. Transportation
to and from the establishment is also included (Johnson v. Johnson &
Company, Inc., N.D. Ga., 47 F. Supp. 650). Office and clerical employees
of a wholesaler who perform general office work such as posting to
ledgers, sending bills and statements, preparing tax returns, and making
up payrolls, are not exempt unless these activities can be shown to be
functionally necessary, in the particular fact situation, to the actual
conduct of the operations named in section 13(b)(4). Such activities as
selling, taking, and putting up orders, recording sales, and taking cash
are, however, included in employment in ``marketing'' or
``distributing'' within the exemption. Employees of a wholesaler engaged
in the performance of any of the enumerated operations on fresh fish or
fish products will be engaged in exempt work. However, any such
operations which they perform on aquatic products which have been canned
or otherwise rendered nonperishable are nonexempt in accordance with the
principles stated in Secs. 784.138 and 784.154.
