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 exempt because 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.
