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Content Last Revised: 8/20/70
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CFR  

Code of Federal Regulations Pertaining to ESA

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

 

 

 

Subpart A  

General


29 CFR 784.21 - Guiding principles for applying coverage and exemption provisions.

  • Section Number: 784.21
  • Section Name: Guiding principles for applying coverage and exemption provisions.

    It is clear that Congress intended the Fair Labor Standards Act to 
be broad in its scope. ``Breadth of coverage is vital to its mission'' 
(Powell v. U.S. Cartridge Co., 339 U.S. 497). An employer who claims an 
exemption under the Act has the burden of showing that it
applies (Walling v. General Industries Co., 330 U.S. 545; Mitchell v. 
Kentucky Finance Co., 359 U.S. 290: Tobin v. Blue Channel Corp., 198 F. 
2d 245, approved in Mitchell v. Myrtle Grove Packing Co., 350 U.S. 891; 
Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 52). Conditions specified 
in the language of the Act are ``explicit prerequisites to exemption'' 
(Arnold v. Kanowsky, 361 U.S. 388). In their application, the purpose of 
the exemption as shown in its legislative history as well as its 
language should be given effect. However, ``the details with which the 
exemptions in this Act have been made preclude their enlargement by 
implication'' and ``no matter how broad the exemption, it is meant to 
apply only to'' the specified activities (Addison v. Holly Hill, 322 
U.S. 607; Maneja v. Waialua, 349 U.S. 254). Exemptions provided in the 
Act ``are to be narrowly construed against the employer seeking to 
assert them'' and their application limited to those who come ``plainly 
and unmistakably within their terms and spirit.'' This construction of 
the exemptions is necessary to carry out the broad objectives for which 
the Act was passed (Phillips v. Walling, 324 U.S. 490; Mitchell v. 
Kentucky Finance Co., supra; Arnold v. Kanowsky, supra; Calaf v. 
Gonzales, 127 F. 2d 934; Bowie v. Gonzales, 117 F. 2d 11; Mitchell v. 
Stinson, 217 F. 2d 210; Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 
52).
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