[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: 29CFR783.34]

[Page 657-658]
 
                             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. 783.34  Employees aboard vessels who are not ``seamen''.

    Concessionaires and their employees aboard a vessel ordinarily do 
not perform their services subject to the authority, direction, and 
control of the master of the vessel, except incidentally, and their 
services are ordinarily not rendered primarily as an aid in the 
operation of the vessel as a means of transportation. As a rule, 
therefore, they are not employed as seamen for purposes of the Act. 
Also, other employees working aboard vessels, whose service is not 
rendered primarily as an aid to the operation of the vessel as a means 
of transportation are not employed as seamen (Knudson v. Lee & Simmons, 
Inc., 163 F. 2d 95; Walling v. Haden, 153 F. 2d 196, certiorari denied 
32 U.S. 866). Thus, employees on floating

[[Page 658]]

equipment who are engaged in the construction of docks, levees, 
revetments or other structures, and employees engaged in dredging 
operations or in the digging or processing of sand, gravel, or other 
materials are not employed as seamen within the meaning of the Act but 
are engaged in performing essentially industrial or excavation work 
(Sternberg Dredging Co. v. Walling, 158 F. 2d 678; Walling v. Haden, 
supra; Walling v. Bay State Dredging & Contracting Co., 149 F. 2d 346; 
Walling v. Great Lakes Dredge & Dock Co., 149 F. 2d 9, certiorari denied 
327 U.S. 722). Thus, ``captains'' and ``deck hands'' of launches whose 
dominant work was industrial activity performed as an integrated part of 
harbor dredging operations and not in furtherance of transportation have 
been held not to be employed as seamen within the meaning of the Act 
(Cuascut v. Standard Dredging Corp. 94 F. Supp. 197).