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Content Last Revised: 8/20/70
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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 784.108 - Operations not included in named operations on forms of aquatic ``life.''

  • Section Number: 784.108
  • Section Name: Operations not included in named operations on forms of aquatic ``life.''

    Since the subject matter of the exemptions is concerned with 
``aquatic forms of animal and vegetable life,'' the courts have held 
that the manufacture of buttons from clam shells or the dredging of 
shells to be made into lime and cement are not exempt operations because 
the shells are not living things
(Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 52; Walling v. Haden, 
153 F. 2d 196, certiorari denied 328 U.S. 866). Similarly, the 
production of such items as crushed shell and grit, shell lime, pearl 
buttons, knife handles, novelties, liquid glue, isinglass, pearl 
essence, and fortified or refined fish oil is not within these 
exemptions.
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