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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 B  

Exemptions Provisions Relating to Fishing and Aquatic Products


29 CFR 784.154 - Relationship to other operations as affecting exemption.

  • Section Number: 784.154
  • Section Name: Relationship to other operations as affecting exemption.

    Employment in marketing, storing, distributing, and packing for 
shipment of the aquatic commodities described in section 13(b)(4) is, as 
such, exempted from the overtime pay provisions of the Act. This means 
that the employees actually employed in such operations on the named 
commodities are within the exemption without regard to the intimacy or 
remoteness of the relationship between their work and processing 
operations also performed on the commodities, so long as any prior 
processing has not rendered the commodity nonperishable (as in the case 
of a canned product) and therefore removed it from the category of 
marine products referred to by section 13(b)(4). If the commodity has 
previously been rendered nonperishable, the marketing, storing, 
distributing, or packing for shipment of it by an employee can come 
within the exemption only if the activity is one performed by his 
employer as an integrated part of a series of the named operations which 
commenced with operations on the perishable marine products to which 
section 13(b)(4) refers. Some examples of this situation are given in 
Secs. 784.146 and 784.151.
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