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- Code of Federal Regulations
- 2023 Edition
- Title 29. Labor
- Subtitle B. Regulations Relating to Labor
- Chapter V. Wage and Hour Division, Department of Labor
- Subchapter B. Statements of General Policy Or Interpretation Not Directly Related to Regulations
- 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
- Principles Applicable to the Two Exemptions
29 C.F.R. § 784.113 Work Related to Named Operations Performed In Off- Or Dead-Season
Library | Code of Federal Regulations |
Edition | 2023 Edition |
Currency | Current through September 30, 2023 |
Generally, during the dead or inactive season when operations named in section 13(a)(5) or 13(b)(4) are not being performed on the specified aquatic forms of life, employees performing work relating to the plant or equipment which is used in such operations during the active seasons are not exempt. Illustrative of such employees are those who repair, overhaul, or recondition fishing equipment or processing or canning equipment and machinery during the off-season periods when fishing, processing, or canning is not going on. An exemption provided for employees employed "in" specified operations is plainly not intended to apply to employees employed in other activities during periods when the specified operations are not being carried on, where their work is functionally remote from the actual conduct of the operations for which exemption is provided and is unaffected by the natural factors which the Congress relied on as reason for exemption. The courts have recognized these principles. See
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