[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: 29CFR783.46]

[Page 616-617]
 
                             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. 783.46  Hours worked.

    The provisions of section 6(b)(2) of the Act require that a seaman 
employed on an American vessel be paid wages equal to compensation at 
not less than the prescribed minimum wage rate for all of the hours the 
employee ``was actually on duty (including periods aboard ship when the 
employee was on watch or was, at the direction of a superior officer, 
performing work or standing by, but not including off-duty periods which 
are provided pursuant to the employment agreement)''. The Act

[[Page 617]]

in this portion of section 6(b)(2) is reflecting concepts that are well 
established in the law, and existing precedents (in such cases as Armour 
& Co. v. Wantock, 323 U.S. 126; Skidmore v. Swift & Co., 323 U.S. 134; 
Steiner v. Mitchell, 350 U.S. 247; Mitchell v. King Packing Co., 350 
U.S. 260; Tennessee Coal, Iron & R. Co. v. Muscoda Local N. 123, 321 
U.S. 590; and General Electric Co. v. Porter, 208 F. 2d 805, certiorari 
denied, 347 U.S. 951, 975) would be applicable in determining what time 
constitutes hours worked. See also the general discussion of hours 
worked in part 785 of this chapter.