29 C.F.R. § 783.28
General legislative history
As originally enacted in 1938, section 13(a)(3) of the Fair Labor Standards Act exempted from both the minimum wage and overtime pay requirements “any employee employed as a seaman” (52 Stat. 1050). In 1949 when several amendments were made to the Act (63 Stat. 910), this exemption was not changed except that it was renumbered section 13(a)(14). In the 1961 amendments (75 Stat. 65), a like exemption was retained but it was limited to one employed as a seaman on a vessel other than an American vessel (section 13(a)(14)); an overtime exemption was provided for all employees employed as seamen (section 13(b)(6)), and those employed as seamen on an American vessel were brought within the minimum wage provisions (sec. 6(b)(2)).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1991–2021 · leading case: Adams v. All Coast, 15 F.4th 365 (5th Cir. 2021).
Adams v. All Coast, 15 F.4th 365 (5th Cir. 2021). “29 C.F.R. § 783.28 . Speculation is that the differing conditions of work “between maritime and landside labor” led to seamen’s continued exemption from overtime.”
Cruz v. Chesapeake Shipping Inc., 932 F.2d 218 (3rd Cir. 1991). “” American vessel is precisely defined in 29 U.S.C. § 203 (p) as “includ[ing] any vessel which is documented or numbered under the laws of the United States.”
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