The Act provides a number of specific exemptions from the general
requirements previously described. Some are exemptions from the overtime
provisions only. Others are from the child labor 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), (h); 213
(a), (b), (c), (d). And see Addison v. Holly Hill, 322 U.S. 607; Walling
v. Haden, 153 F. 2d 196, certiorari denied 328 U.S. 866; 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 transportation or shipping (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)(6) of the Act for
employees employed as seamen and the exemption from the mimimum wage and
overtime pay requirements provided by section 13(a)(14) for employees so
employed on vessels other than American vessels. These exemptions, which
are subject to the general rules stated in Sec. 783.21, are discussed at
length in this part.
