[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: 29CFR784.20]

[Page 668-669]
 
                             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 A_General
 
Sec. 784.20  Exemptions from the Act's provisions.

    The Act provides a number of specific exemptions from the general 
requirements previously described. Some are exemptions from the overtime 
provisions only. Several are exemptions from both the minimum wage and 
the overtime requirements of the Act. Finally, there are some exemptions 
from all three--minimum wage, overtime

[[Page 669]]

pay, and child labor requirements. An examination of the terminology in 
which the exemptions from the general coverage of the Fair Labor 
Standards Act are stated discloses language patterns which reflect 
congressional intent. Thus, Congress specified in varying degree the 
criteria for application of each of the exemptions and in a number of 
instances differentiated as to whether employees are to be exempt 
because they are employed by a particular kind of employer, employed in 
a particular type of establishment, employed in a particular industry, 
employed in a particular capacity or occupation or engaged in a 
specified operation. (See 29 U.S.C. 203(d); 207 (b), (c), (i); 213 (a), 
(b), (c), (d). And see Addison v. Holly Hill, 322 U.S. 607; Mitchell v. 
Trade Winds, Inc., 289 F. 2d 278; Mitchell v. Stinson, 217 F. 2d (210). 
In general there are no exemptions from the child labor requirements 
that apply in enterprises or establishments engaged in fishing or in 
operations on aquatic products (see part 570, subpart G, of this 
chapter). Such enterprises or establishments will, however, be concerned 
with the exemption from overtime pay in section 13(b)(4) of the Act for 
employees employed in specified ``on-shore'' operations (see Sec. 
784.101), and the exemption from minimum wages and overtime pay provided 
by section 13(a)(5) for employees employed in fishing, fish-farming, and 
other specified ``off-shore'' operations on aquatic products. These 
exemptions, which are subject to the general rules stated in Sec. 
784.21, are discussed at length in subpart B of this part 784.