[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: 29CFR783.49]

[Page 662]
 
                             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. 783.49  Workweek unit in applying the exemptions.

    The unit of time to be used in determining the application of the 
exemption provided by section 13(b)(6) or 13(a)(14) to an employee is 
the workweek. (See Overnight Transportation Co. v. Missel, 316 U.S. 572; 
Sternberg Dredging Co. v. Walling, 158 F. 2d 678.) This is the period 
used in determining whether a substantial amount of non-seaman's work 
has been performed so as to make the exemption inapplicable. See Sec. 
783.37. A workweek is a fixed and regularly recurring interval of 7 
consecutive 24-hour periods. It may begin at any hour of any day set by 
the employer and need not coincide with the calendar week. Once the 
workweek has been set it commences each succeeding week on the same day 
and at the same hour. Changing of the workweek for the purpose of 
escaping the requirements of the Act is not permitted.