[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: 29CFR784.0] [Page 618-619] 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. 784.0 Purpose. Subpart A_General Introductory Sec. 784.0 Purpose. 784.1 General scope of the Act. 784.2 Matters discussed in this part. 784.3 Matters discussed in other interpretations. 784.4 Significance of official interpretations. 784.5 Basic support for interpretations. 784.6 Interpretations made, continued, and superseded by this part. Some Basic Definitions 784.7 Definition of terms used in the Act. 784.8 ``Employer,'' ``employee,'' and ``employ.'' 784.9 ``Person.'' 784.10 ``Enterprise.'' 784.11 ``Establishment.'' 784.12 ``Commerce.'' 784.13 ``Production.'' 784.14 ``Goods.'' 784.15 ``State.'' 784.16 ``Regular rate.'' Application of Coverage and Exemptions Provisions of the Act 784.17 Basic coverage in general. 784.18 Commerce activities of employees. 784.19 Commerce activities of enterprise in which employee is employed. 784.20 Exemptions from the Act's provisions. 784.21 Guiding principles for applying coverage and exemption provisions. Subpart B_Exemptions Provisions Relating to Fishing and Aquatic Products The Statutory Provisions 784.100 The section 13(a)(5) exemption. 784.101 The section 13(b)(4) exemption. Legislative History of Exemptions 784.102 General legislative history. 784.103 Adoption of the exemption in the original 1938 Act. 784.104 The 1949 amendments. 784.105 The 1961 amendments. Principles Applicable to the Two Exemptions 784.106 Relationship of employee's work to the named operations. 784.107 Relationship of employee's work to operations on the specified aquatic products. 784.108 Operations not included in named operations on forms of aquatic ``life.'' 784.109 Manufacture of supplies for named operations is not exempt. 784.110 Performing operations both on nonaquatic products and named aquatic products. 784.111 Operations on named products with substantial amounts of other ingredients are not exempt. 784.112 Substantial amounts of nonaquatic products; enforcement policy. 784.113 Work related to named operations performed in off- or dead- season. 784.114 Application of exemptions on a workweek basis. [[Page 619]] 784.115 Exempt and noncovered work performed during the workweek. 784.116 Exempt and nonexempt work in the same workweek. 784.117 Combinations of exempt work. General Character and Scope of the Section 13(a)(5) Exemption 784.118 The exemption is intended for work affected by natural factors. 784.119 Effect of natural factors on named operations. 784.120 Application of exemption to ``offshore'' activities in general. 784.121 Exempt fisheries operations. 784.122 Operations performed as an integrated part of fishing. 784.123 Operations performed on fishing equipment. 784.124 Going to and returning from work. 784.125 Loading and unloading. 784.126 Operation of the fishing vessel. 784.127 Office and clerical employees under section 13(a)(5). First Processing, Canning, or Packing of Marine Products Under Section 13(a)(5) 784.128 Requirements for exemption of first processing, etc., at sea. 784.129 ``Marine products.'' 784.130 ``At sea.'' 784.131 ``As an incident to, or in conjuction with,'' fishing operations. 784.132 The exempt operations. 784.133 ``First processing.'' 784.134 ``Canning.'' 784.135 ``Packing.'' General Character and Scope of the Section 13(b)(4) Exemption 784.136 ``Shore'' activities exempted under section 13(b)(4). 784.137 Relationship of exemption to exemption for ``offshore'' activities. 784.138 Perishable state of the aquatic product as affecting exemption. 784.139 Scope of exempt operations in general. 784.140 Fabrication and handling of supplies for use in named operations. 784.141 Examples of nonexempt employees. ``Canning'' 784.142 Meaning and scope of ``canning'' as used in section 13(b)(4). 784.143 ``Necessary preparatory operations.'' 784.144 Preliminary processing by the canner. 784.145 Preliminary processing by another employer as part of ``canning.'' 784.146 ``Subsequent operations.'' 784.147 Employees ``employed in'' canning. Processing, Freezing, and Curing 784.148 General scope of processing, freezing, and curing activities. 784.149 Typical operations that may qualify for exemption. 784.150 Named operations performed on previously processed aquatic products. 784.151 Operations performed after product is rendered nonperishable. 784.152 Operations performed on by-products. Marketing, Storing, Packing for Shipment, and Distributing 784.153 General scope of named operations. 784.154 Relationship to other operations as affecting exemption. 784.155 Activities performed in wholesale establishments. Application of Section 13(b)(4) in Certain Establishments 784.156 Establishments exclusively devoted to named operations. Authority: Secs. 1-19, 52 Stat. 1060, as amended, 75 Stat. 65; 29 U.S.C. 201-219. Source: 35 FR 13342, Aug. 20, 1970, unless otherwise noted. Introductory It is the purpose of this part to provide an official statement of the views of the Department of Labor with respect to the meaning and application of sections 13(a)(5) and 13(b)(4) of the Fair Labor Standards Act, which govern the application of the minimum wage and overtime pay requirements of the Act to employees engaged in fishing and related activities and in operations on aquatic products. It is an objective of this part to make available in one place, the interpretations of law relating to such employment which will guide the Secretary of Labor and the Administrator in carrying out their responsibilities under the Act.