[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: 29CFR784.127]

[Page 678-679]
 
                             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. 784.127  Office and clerical employees under section 13(a)(5).

    Office and clerical employees, such as bookkeepers, stenographers, 
typists, and others who perform general office work of a firm engaged in 
operating fishing boats are not for that reason within the section 
13(a)(5) exemption. Under the principles stated in Sec. 784.106, their 
general office activities are not a part of any of the named operations 
even when they are selling, taking, and putting up orders, on recording 
sales, taking cash or making telephone connections for customer or 
dealer calls. Employment in the specific activities enumerated in the 
preceding sentence would ordinarily, however, be exempt under section 
13(b)(4) since such activities constitute ``marketing'' or 
``distributing'' within the meaning of that exemption (see Sec. 
784.153). In certain circumstances, office or clerical employees may 
come within the section 13(a)(5) exemption. If, for example, it is 
necessary to the conduct of the fishing operations that such employees 
accompany a fishing expedition to the fishing grounds to perform certain 
work required there in connection with the catch, their employment under 
such circumstances may, as a practical matter, be directly and 
necessarily a part of the operations for which exemption

[[Page 679]]

was intended, in which event the exemption would apply to them.

 First Processing, Canning, or Packing of Marine Products Under Section 
                                13(a)(5)