[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: 29CFR783.30]

[Page 611-612]
 
                             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. 783.30  The 1961 Amendments.

    One of the steps Congress took in the 1961 Amendments to extend the 
monetary provisions of the Act to more

[[Page 612]]

workers was to limit the scope of the exemption which excluded all 
employees employed as seamen from application of the minimum wage and 
overtime provisions. This it did byextending the minimum wage provisions 
of the Act to one employed as a seaman on an American vessel (section 
6(b)(2)), by adding to the language of section 13(a)(14) to make the 
exemption applicable only to a seaman employed on a vessel other than an 
American vessel, and finally by the addition of a new exemption, section 
13(b)(6), relieving employers of overtime pay requirements with respect 
to those employees employed as seamen who do not come within the scope 
of the amended section 13(a)(14). (H. Rep. No. 75, 87th Cong., 1st 
sess., pp. 33, 36; Sen. Rep. No. 145, 87th Cong., 1st sess., pp. 32, 50; 
Statement of the Managers on the part of the House, H. (Cong.) Rep. No. 
327, 87th Cong., 1st sess., p. 16.) In view of the retention in the 1961 
amendments of the basic language of the original exemption, ``employee 
employed as a seaman'', the legislative history and prior judicial 
construction (see Sec. 783.29) of the scope and meaning of this phrase 
would seem controlling for purposes of the amended Act.

                     Who Is ``Employed as a Seaman''