[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR783.0]

[Page 647-648]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 783_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES EMPLOYED 
AS SEAMEN--Table of Contents
 
Sec. 783.0  Purpose of this part.




                              Introductory

Sec.
783.0 Purpose of this part.
783.1 General scope of the Act.
783.2 Matters discussed in this part.
783.3 Significance of official interpretations.
783.4 Basic support for interpretations.
783.5 Interpretations made, continued, and superseded by this part.

                         Some Basic Definitions

783.6 Definitions of terms used in the Act.
783.7 ``Employer'', ``employee'', and ``employ''.
783.8 ``Person''.
783.9 ``Enterprise''.
783.10 ``Establishment''.
783.11 ``Enterprise engaged in commerce or in the production of goods 
          for commerce''.
783.12 ``Commerce''.
783.13 ``Production''.
783.14 ``Goods''.
783.15 ``State''.
783.16 ``Wage''.
783.17 ``American vessel''.

             Application in General of the Act's Provisions

783.18 Commerce activities of employees.
783.19 Commerce activities of enterprises in which employee is employed.
783.20 Exemptions from the Act's provisions.
783.21 Guiding principles for applying coverage and exemption 
          provisions.
783.22 Pay standards for employees subject to ``old'' coverage of the 
          Act.
783.23 Pay standards for ``newly covered'' employees.

                The Statutory Provisions Regarding Seamen

783.24 The section 13(a)(14) exemption.
783.25 The section 13(b)(6) exemption.
783.26 The section 6(b)(2) minimum wage requirement.
783.27 Scope of the provisions regarding ``seamen''.

     Legislative History and Judicial Construction of the Exemptions

783.28 General legislative history.
783.29 Adoption of the exemption in the original 1938 Act.
783.30 The 1961 Amendments.

                     Who Is ``Employed as a Seaman''

783.31 Criteria for employment ``as a seaman''.
783.32 ``Seaman'' includes crew members.
783.33 Employment ``as a seaman'' depends on the work actually 
          performed.
783.34 Employees aboard vessels who are not ``seamen''.
783.35 Employees serving as ``watchmen'' aboard vessels in port.
783.36 Barge tenders.
783.37 Enforcement policy for nonseaman's work.

                     What Is an ``American Vessel''

783.38 Statutory definition of ``American vessel''.
783.39 ``Vessel'' includes all means of water transportation.
783.40 ``Documented'' vessel.
783.41 ``Numbered'' vessel.
783.42 Vessels neither ``documented'' nor ``numbered''.

                     Computation of Wages and Hours

783.43 Computation of seaman's minimum wage.
783.44 Board and lodging as wages.
783.45 Deductions from wages.
783.46 Hours worked.
783.47 Off-duty periods.

[[Page 648]]

                      Application of the Exemptions

783.48 Factors determining application of exemptions.
783.49 Workweek unit in applying the exemptions.
783.50 Work exempt under another section of the Act.
783.51 Seamen on a fishing vessel.

    Authority: Secs. 1-19, 52 Stat. 1060, as amended; 29 U.S.C. 201-219.

    Source: 27 FR 8309, Aug. 21, 1962, unless otherwise noted.

                              Introductory


    This part 783 is the official interpretation of the Department of 
Labor with respect to the meaning and application of sections 6(b)(2), 
13(a)(14), and 13(b)(6) of the Fair Labor Standards Act, as amended, 
which govern the application of the minimum wage and overtime pay 
requirements of the Act to employees employed as seamen. Prior to the 
Fair Labor Standards Amendments of 1961, which became effective on 
September 3, 1961, all employees employed as seamen were exempt from 
both the minimum wage and overtime pay provisions of the Act. The 1961 
amendments have narrowed this exemption so as to extend the minimum wage 
provisions of the Act to employees employed as seamen on American 
vessels. Employees employed as seamen on vessels other than American 
vessels continue to be exempt from both the minimum wage and the 
overtime pay requirements of the Act. It is the purpose of this part to 
make available in one place the interpretations of the law relating to 
employees employed as seamen which will guide the Secretary of Labor and 
the Administrator in the performance of their duties under the Act.