In accordance with the above provisions of the Act as amended, an
employee employed as a seaman is exempt only from its overtime pay
provisions under the new section 13(b)(6), unless the vessel on which he
is employed is not an American vessel. Section 13(a)(14) as amended
continues the prior exemption, from minimum wages as well as overtime
pay, for any employees employed as a seaman on a vessel other than an
American vessel. Thus, to come within this latter exemption an employee
now must be ``employed as'' a ``seaman'' on a vessel other than an
``American vessel'', while to come within the overtime exemption
provided by section 13(b)(6) an employee need only be ``employed as'' a
``seaman''. The minimum wage requirements of the Act, as provided in
section 6(b) and paragraph (2) of that subsection apply if the employee
is ``employed as'' a ``seaman'' on an ``American vessel''. The meaning
and scope of these key words, ``employed as a seaman'' and ``American
vessel'' are discussed in subsequent sections of this part. Of course,
if an employee is not ``employed as'' a ``seaman'' within the meaning of
this term as used in the Act, these exemptions and section 6(b)(2) would
have no relevancy and his status under the Act would depend, as in the
case of any other employee, upon the other facts of his employment,
(Secs. 783.18 through 783.20).
