[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: 29CFR784.118]

[Page 631]
 
                             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 B_Exemptions Provisions Relating to Fishing and Aquatic Products
 
Sec. 784.118  The exemption is intended for work affected by natural 
factors.

    As indicated by the legislative history, the purpose of the section 
13(a)(5) exemption is to exempt from the minimum wage and overtime 
provisions of the Act employment in those activities in the fishing 
industry that are controlled or materially affected by natural factors 
or elements, such as the vicissitudes of the weather, the changeable 
conditions of the water, the run of the catch, and the perishability of 
the products obtained (83 Cong. Rec. 7408, 7443; S. Rep. No. 145, p. 33 
on H.R. 3935, 87th Cong., first session; Fleming v. Hawkeye Pearl Button 
Co., 113 F. 2d 52; Walling v. Haden, 153 F. 2d 196, certiorari denied 
328 U.S. 866).

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