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Content Last Revised: 8/21/62
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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 783  

Application of the Fair Labor Standards Act to Employees Employed As Seamen


29 CFR 783.46 - Hours worked.

  • Section Number: 783.46
  • Section Name: Hours worked.

    The provisions of section 6(b)(2) of the Act require that a seaman 
employed on an American vessel be paid wages equal to compensation at 
not less than the prescribed minimum wage rate for all of the hours the 
employee ``was actually on duty (including periods aboard ship when the 
employee was on watch or was, at the direction of a superior officer, 
performing work or
standing by, but not including off-duty periods which are provided 
pursuant to the employment agreement)''. The Act in this portion of 
section 6(b)(2) is reflecting concepts that are well established in the 
law, and existing precedents (in such cases as Armour & Co. v. Wantock, 
323 U.S. 126; Skidmore v. Swift & Co., 323 U.S. 134; Steiner v. 
Mitchell, 350 U.S. 247; Mitchell v. King Packing Co., 350 U.S. 260; 
Tennessee Coal, Iron & R. Co. v. Muscoda Local N. 123, 321 U.S. 590; and 
General Electric Co. v. Porter, 208 F. 2d 805, certiorari denied, 347 
U.S. 951, 975) would be applicable in determining what time constitutes 
hours worked. See also the general discussion of hours worked in part 
785 of this chapter.
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