29 CFR 784.118 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Statements Of General Policy Or Interpretation Not Directly Related To Regulations (§ 775.0 To § 794.144) — Provisions Of The Fair Labor Standards Act Applicable To Fishing And Operations On Aquatic Products (§ 784.0 To § 784.156) — Exemptions Provisions Relating To Fishing And Aquatic Products (§ 784.100 To § 784.156) — General Character And Scope Of The Section 13(A)(5) Exemption (§ 784.118 To § 784.127) — The exemption is intended for work affected by natural factors.

4 Aug 2016

As indicated by the legislative history, the purpose of the section 13(a)(5) exemption is to exempt from the minimum wage and overtime provisions of the Act employment in those activities in the fishing industry that are controlled or materially affected by natural factors or elements, such as the vicissitudes of the weather, the changeable conditions of the water, the run of the catch, and the perishability of the products obtained (83 Cong. Rec. 7408, 7443; S. Rep. No. 145, p. 33 on H.R. 3935, 87th Cong., first session; Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 52; Walling v. Haden, 153 F. 2d 196, certiorari denied 328 U.S. 866).

29 CFR 784.118