[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: 29CFR783.34]

[Page 613]
 
                             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. 783.34  Employees aboard vessels who are not ``seamen''.

    Concessionaires and their employees aboard a vessel ordinarily do 
not perform their services subject to the authority, direction, and 
control of the master of the vessel, except incidentally, and their 
services are ordinarily not rendered primarily as an aid in the 
operation of the vessel as a means of transportation. As a rule, 
therefore, they are not employed as seamen for purposes of the Act. 
Also, other employees working aboard vessels, whose service is not 
rendered primarily as an aid to the operation of the vessel as a means 
of transportation are not employed as seamen (Knudson v. Lee & Simmons, 
Inc., 163 F. 2d 95; Walling v. Haden, 153 F. 2d 196, certiorari denied 
32 U.S. 866). Thus, employees on floating equipment who are engaged in 
the construction of docks, levees, revetments or other structures, and 
employees engaged in dredging operations or in the digging or processing 
of sand, gravel, or other materials are not employed as seamen within 
the meaning of the Act but are engaged in performing essentially 
industrial or excavation work (Sternberg Dredging Co. v. Walling, 158 F. 
2d 678; Walling v. Haden, supra; Walling v. Bay State Dredging & 
Contracting Co., 149 F. 2d 346; Walling v. Great Lakes Dredge & Dock 
Co., 149 F. 2d 9, certiorari denied 327 U.S. 722). Thus, ``captains'' 
and ``deck hands'' of launches whose dominant work was industrial 
activity performed as an integrated part of harbor dredging operations 
and not in furtherance of transportation have been held not to be 
employed as seamen within the meaning of the Act (Cuascut v. Standard 
Dredging Corp. 94 F. Supp. 197).