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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
- Marketing, Storing, Packing For Shipment, and Distributing
29 C.F.R. § 784.153 General Scope of Named Operations
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through December 31, 2023 |
Citation | 29 C.F.R. § 784.153 |
Year | 2023 |
The exemption from the overtime pay requirements provided by section 13(b)(4) of the Act extends to employees "employed in the * * * marketing * * * storing, packing for shipment, or distributing of any kind of" perishable aquatic product named in the section. An employee's work must be functionally so related to the named activity as to be, in practical effect, a part of it, and the named activity must be performed with respect to the perishable aquatic commodities listed in section 13(b)(4), in order for the exemption to apply to him. The named activities include the operations customarily performed in the marketing, storing, packing for shipment, or distributing of perishable marine products. For example, an employee engaged in placing perishable marine products in boxes, cartons, crates, bags, barrels, etc., preparatory to shipment and placing the loaded containers on conveyances for delivery to customers would be employed in the "packing for shipment" of such products. Salesmen taking orders for the perishable aquatic products named in the section would be employed in the "marketing" of them. Employees of a refrigerated warehouse who perform only duties involved in placing such perishable...
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