[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: 29CFR784.104]

[Page 671]
 
                             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--Table of Contents
 
Subpart B_Exemptions Provisions Relating to Fishing and Aquatic Products
 
Sec. 784.104  The 1949 amendments.

    In deleting employees employed in canning aquatic products from the 
section 13(a)(5) exemption and providing them with an exemption in like 
language from the overtime provisions only in section 13(b)(4), the 
conferees on the Fair Labor Standards Amendments of 1949 did not 
indicate any intention to change in any way the category of employees 
who would be exempt as ``employed in the canning of'' the aquatic 
products. As the Supreme Court has pointed out in a number of decisions, 
``When Congress amended the Act in 1949 it provided that pre-1949 
rulings and interpretations by the Administrator should remain in effect 
unless inconsistent with the statute as amended 63 Stat. 920'' (Mitchell 
v. Kentucky Finance Co., 359 U.S. 290). In connection with this 
exemption the conference report specifically indicates what operations 
are included in the canning process (see Sec. 784.142). In a case 
decided before the 1961 amendments to the Act, this was held to 
``indicate that Congress intended that only those employees engaged in 
operations physically essential in the canning of fish, such as cutting 
the fish, placing it in cans, labelling and packing the cans for 
shipment are in the exempt category'' (Mitchell v. Stinson, 217 F. 2d 
210).