[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: 29CFR784.20]

[Page 624]
 
                             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. 784.20  Exemptions from the Act's provisions.

    The Act provides a number of specific exemptions from the general 
requirements previously described. Some are exemptions from the overtime 
provisions only. Several are exemptions from both the minimum wage and 
the overtime requirements of the Act. Finally, there are some exemptions 
from all three--minimum wage, overtime pay, and child labor 
requirements. An examination of the terminology in which the exemptions 
from the general coverage of the Fair Labor Standards Act are stated 
discloses language patterns which reflect congressional intent. Thus, 
Congress specified in varying degree the criteria for application of 
each of the exemptions and in a number of instances differentiated as to 
whether employees are to be exemptbecause they are employed by a 
particular kind of employer, employed in a particular type of 
establishment, employed in a particular industry, employed in a 
particular capacity or occupation or engaged in a specified operation. 
(See 29 U.S.C. 203(d); 207 (b), (c), (i); 213 (a), (b), (c), (d). And 
see Addison v. Holly Hill, 322 U.S. 607; Mitchell v. Trade Winds, Inc., 
289 F. 2d 278; Mitchell v. Stinson, 217 F. 2d (210). In general there 
are no exemptions from the child labor requirements that apply in 
enterprises or establishments engaged in fishing or in operations on 
aquatic products (see part 570, subpart G, of this chapter). Such 
enterprises or establishments will, however, be concerned with the 
exemption from overtime pay in section 13(b)(4) of the Act for employees 
employed in specified ``on-shore'' operations (see Sec. 784.101), and 
the exemption from minimum wages and overtime pay provided by section 
13(a)(5) for employees employed in fishing, fish-farming, and other 
specified ``off-shore'' operations on aquatic products. These 
exemptions, which are subject to the general rules stated in Sec. 
784.21, are discussed at length in subpart B of this part 784.