All employees whose activities are directly and necessarily a part
of the canning of the specified aquatic forms of life are within the
exemption provided by section 13(b)(4). Thus, employees engaged in
handling the fish or seafood, placing it into the cans, providing steam
for cooking it or operating the machinery that seals the cans or the
equipment that sterilizes the canned product are engaged in exempt
activities. In addition, can loft workers, those engaged in removing and
carrying supplies from the stock room for current use in canning
operations, and employees whose duty it is to re-form cans, when canning
operations are going on, for current use, are engaged in exempt
activities. Similarly, the repairing, oiling, or greasing during the
active season of canning machinery or equipment currently used in the
actual canning operations are exempt activities. The making of repairs
in the production room such as to the floor around the canning machinery
or equipment would also be deemed exempt activities where the repairs
are essential to the continued canning operations or to prevent
interruptions in the canning operations. These examples are illustrative
but not exhaustive. Employees engaged in other activities which are
similarly integrated with and necessary to the actual conduct of the
canning operations will also come within the exemption. Employees whose
work is not directly and necessarily a part of the canning operations
are not exempt. See Secs. 784.106, 784.140, and 784.141.
