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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
- General Character and Scope of the Section 13(a)(5) Exemption
29 C.F.R. § 784.123 Operations Performed On Fishing Equipment
Library | Code of Federal Regulations |
Edition | 2023 Edition |
Currency | Current through September 30, 2023 |
On the principle stated in §784.122 the replacement, repair, mending, or construction of the fisherman's equipment performed at the place of the fishing operation would be exempt. Such activities performed in contemplation of the trip are also within the exemption if the work is so closely related both in point of time and function to the acquisition of the aquatic life that it is really a part of the fishing operation or of "going to * * * work." For example, under appropriate facts, the repair of the nets, or of the vessel, or the building of fish trap frames on the shore immediately prior to the opening of the fishing season would be within the exemption. Activities at the termination of a fishing trip which are similarly related in time and function to the actual conduct of fishing operations or "returning from work" may be within the exemption on like principles. Similarly, the fact that the exemption is intended generally for "offshore" activities does not mean that it may not apply to employment in other activities performed on shore which are so integrated with the conduct of actual fishing operations and...
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