[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR783.23]

[Page 609-610]
 
                             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. 783.23  Pay standards for ``newly covered'' employees.

    There are some employees whose individual activities would not bring 
them within the minimum wage or overtime pay provisions of the Act as it 
was prior to the 1961 amendments, but who are brought within minimum 
wage or overtime coverage or both for the first time by the new 
``enterprise'' coverage provisions or changes in exemptions, or both, 
which were enacted as part of the amendments and made effective 
September 3, 1961. Typical of such employees are those who, regardless 
of any engagement in commerce or in the production of goods for 
commerce, are employed as seamen and would therefore have been exempt 
from minimum wage as well as overtime pay requirements by virtue of 
section 13(a)(14) of the Act until the 1961 amendments if soemployed 
during that period, but who by virtue of these amendments are exempt 
only from the overtime pay requirements on and after September 3, 1961, 
under section 13(b)(6) of the amended Act. These ``newly covered'' 
employees for whom no specific exemption has been retained or provided 
in the amendments must be paid not less than the minimum wages shown in 
the schedule below for hours worked, computed, in the case of employees 
employed as seamen, in accordance with the special provisions of section 
6(b)(2) which are discussed in subsequent sections of this part. Any 
``newly covered'' employees who are not exempted by section 13(b)(6) 
because of their employment as seamen must be paid, unless exempted by 
some other provision, not less than one and one-half times their regular

[[Page 610]]

rates of pay for overtime, as shown in the schedule below.

------------------------------------------------------------------------
                                   Minimum wage (29    Overtime pay (29
            Beginning               U.S.C. 206(b))     U.S.C. 207(a)(2))
------------------------------------------------------------------------
Sept. 3, 1961...................  $1 an hour........  None required.
Sept. 3, 1963...................  No change.........  After 44 hours in
                                                       a workweek
Sept. 3, 1964...................  $1.15 an hour.....  After 42 hours in
                                                       a workweek.
Sept. 3, 1965 \1\ and thereafter  $1.25 an hour.....  After 40 hours in
                                                       a workweek.
------------------------------------------------------------------------
\1\ Requirements identical to those for employees under ``old''
  coverage. (Minimum wage rates for newly covered employees, in Puerto
  Rico, the Virgin Islands, and American Samoa are set by wage order on
  recommendations of special industry committees (29 U.S.C. 206(a)(3);
  206(c)(2). Information on these rates may be obtained at any office of
  the Wage and Hour and Public Contracts Divisions.)

                The Statutory Provisions Regarding Seamen