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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 784.125 - Loading and unloading.

  • Section Number: 784.125
  • Section Name: Loading and unloading.

    The term ``loading and unloading'' applies to activities connected 
with the removal of aquatic products from the fishing vessel and their 
initial movement to markets or processing plants. The term, however, is 
not without limitation. The statute by its clear language makes these 
activities exempt only when performed by any employee employed in the 
procurement activities enumerated in section 13(a)(5). This limitation 
is confirmed by the legislative history of the 1961 amendments which 
effectuated this change in the application of this term (S. Rep. 145, 
87th Cong., first session, p. 33). Consequently, members of the fishing 
crew engaged in loading and unloading the catch of the vessel to another 
vessel at sea, or at the dockside would be engaging in exempt activities 
within the meaning of section 13(a)(5). On the other hand, dock workers 
performing the same kind of tasks would not be within the exemption.
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