Subpart B. Subpart B-Exemptions Provisions Relating to Fishing and Aquatic Products

• The Statutory Provisions

  • SECTION § 784.100 - The section 13(a)(5) exemption.
  • SECTION § 784.101 - The section 13(b)(4) exemption.

• Legislative History of Exemptions

  • SECTION § 784.102 - General legislative history.
  • SECTION § 784.103 - Adoption of the exemption in the original 1938 Act.
  • SECTION § 784.104 - The 1949 amendments.
  • SECTION § 784.105 - The 1961 amendments.

• Principles Applicable to the Two Exemptions

  • SECTION § 784.106 - Relationship of employee's work to the named operations.
  • SECTION § 784.107 - Relationship of employee's work to operations on the specified aquatic products.
  • SECTION § 784.108 - Operations not included in named operations on forms of aquatic “life.”
  • SECTION § 784.109 - Manufacture of supplies for named operations is not exempt.
  • SECTION § 784.110 - Performing operations both on nonaquatic products and named aquatic products.
  • SECTION § 784.111 - Operations on named products with substantial amounts of other ingredients are not exempt.
  • SECTION § 784.112 - Substantial amounts of nonaquatic products; enforcement policy.
  • SECTION § 784.113 - Work related to named operations performed in off- or dead-season.
  • SECTION § 784.114 - Application of exemptions on a workweek basis.
  • SECTION § 784.115 - Exempt and noncovered work performed during the workweek.
  • SECTION § 784.116 - Exempt and nonexempt work in the same workweek.
  • SECTION § 784.117 - Combinations of exempt work.

• General Character and Scope of the Section 13(a)(5) Exemption

  • SECTION § 784.118 - The exemption is intended for work affected by natural factors.
  • SECTION § 784.119 - Effect of natural factors on named operations.
  • SECTION § 784.120 - Application of exemption to “offshore” activities in general.
  • SECTION § 784.121 - Exempt fisheries operations.
  • SECTION § 784.122 - Operations performed as an integrated part of fishing.
  • SECTION § 784.123 - Operations performed on fishing equipment.
  • SECTION § 784.124 - Going to and returning from work.
  • SECTION § 784.125 - Loading and unloading.
  • SECTION § 784.126 - Operation of the fishing vessel.
  • SECTION § 784.127 - Office and clerical employees under section 13(a)(5).

• First Processing, Canning, or Packing of Marine Products Under Section 13(a)(5)

  • SECTION § 784.128 - Requirements for exemption of first processing, etc., at sea.
  • SECTION § 784.129 - “Marine products”.
  • SECTION § 784.130 - “At sea.”
  • SECTION § 784.131 - “As an incident to, or in conjunction with”, fishing operations.
  • SECTION § 784.132 - The exempt operations.
  • SECTION § 784.133 - “First processing.”
  • SECTION § 784.134 - “Canning.”
  • SECTION § 784.135 - “Packing.”

• General Character and Scope of the Section 13(a)(4) Exemption

  • SECTION § 784.136 - “Shore” activities exempted under section 13(b)(4).
  • SECTION § 784.137 - Relationship of exemption to exemption for “offshore” activities.
  • SECTION § 784.138 - Perishable state of the aquatic product as affecting exemption.
  • SECTION § 784.139 - Scope of exempt operations in general.
  • SECTION § 784.140 - Fabrication and handling of supplies for use in named operations.
  • SECTION § 784.141 - Examples of nonexempt employees.

• “Canning”

  • SECTION § 784.142 - Meaning and scope of “canning” as used in section 13(b)(4).
  • SECTION § 784.143 - “Necessary preparatory operations.”
  • SECTION § 784.144 - Preliminary processing by the canner.
  • SECTION § 784.145 - Preliminary processing by another employer as part of “canning.”
  • SECTION § 784.146 - “Subsequent operations.”
  • SECTION § 784.147 - Employees “employed in” canning.

• Processing, Freezing, and Curing

  • SECTION § 784.148 - General scope of processing, freezing, and curing activities.
  • SECTION § 784.149 - Typical operations that may qualify for exemption.
  • SECTION § 784.150 - Named operations performed on previously processed aquatic products.
  • SECTION § 784.151 - Operations performed after product is rendered nonperishable.
  • SECTION § 784.152 - Operations performed on byproducts.

• Marketing, Storing, Packing for Shipment, and Distributing

  • SECTION § 784.153 - General scope of named operations.
  • SECTION § 784.154 - Relationship to other operations as affecting exemption.
  • SECTION § 784.155 - Activities performed in wholesale establishments.

• Application of Section 13(b)(4) in Certain Establishments

  • SECTION § 784.156 - Establishments exclusively devoted to named operations.