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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 17, 2014

TITLE 29—Labor

Subtitle B—REGULATIONS RELATING TO LABOR (CONTINUED)

CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS

PART 784—PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING AND OPERATIONS ON AQUATIC PRODUCTS

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Subpart A—GENERAL

Introductory

§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Interpretations made, continued, and superseded by this part.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.
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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.
§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 conjunction 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(a)(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 byproducts.

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.


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