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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Provisions of the Fair Labor Standards Act Applicable to Fishing and Operations on Aquatic Products |
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| Subpart B | Exemptions Provisions Relating to Fishing and Aquatic Products |
Sec.
Name
The section 13(a)(5) exemption. The Statutory Provisions
The section 13(b)(4) exemption.
General legislative history.
Adoption of the exemption in the original 1938 Act.
The 1949 amendments.
The 1961 amendments.
Relationship of employee's work to the named operations.
Relationship of employee's work to operations on the specified aquatic products.
Operations not included in named operations on forms of aquatic ``life.''
Manufacture of supplies for named operations is not exempt.
Performing operations both on nonaquatic products and named aquatic products.
Operations on named products with substantial amounts of other ingredients are not exempt.
Substantial amounts of nonaquatic products; enforcement policy.
Work related to named operations performed in off- or dead-season.
Application of exemptions on a workweek basis.
Exempt and noncovered work performed during the workweek.
Exempt and nonexempt work in the same workweek.
Combinations of exempt work.
The exemption is intended for work affected by natural factors.
Effect of natural factors on named operations.
Application of exemption to ``offshore'' activities in general.
Exempt fisheries operations.
Operations performed as an integrated part of fishing.
Operations performed on fishing equipment.
Going to and returning from work.
Loading and unloading.
Operation of the fishing vessel.
Office and clerical employees under section 13(a)(5).
Requirements for exemption of first processing, etc., at sea.
``Marine products''.
``At sea.''
``As an incident to, or in conjunction with'', fishing operations.
The exempt operations.
``First processing.''
``Canning.''
``Packing.''
``Shore'' activities exempted under section 13(b)(4).
Relationship of exemption to exemption for ``offshore'' activities.
Perishable state of the aquatic product as affecting exemption.
Scope of exempt operations in general.
Fabrication and handling of supplies for use in named operations.
Examples of nonexempt employees.
Meaning and scope of ``canning'' as used in section 13(b)(4).
``Necessary preparatory operations.''
Preliminary processing by the canner.
Preliminary processing by another employer as part of ``canning.''
``Subsequent operations.''
Employees ``employed in'' canning.
General scope of processing, freezing, and curing activities.
Typical operations that may qualify for exemption.
Named operations performed on previously processed aquatic products.
Operations performed after product is rendered nonperishable.
Operations performed on byproducts.
General scope of named operations.
Relationship to other operations as affecting exemption.
Activities performed in wholesale establishments.
Establishments exclusively devoted to named operations.