Read the following excerpt from a US court opinion:
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a fixed meaning of the term seaman. The regulations emphasize flexibility, indicating that the term’s meaning is governed by the context in which it is used and the purpose of the statute in which it is found. Id. § 783.29(c). Similarly, we must evaluate an employee’s duties based upon the character of the work he actually performs and not on what it is called or the place where it is performed. Id. § 783.33. As we have recognized, the FLSA as a whole is pervaded by the idea that what each employee actually does determines its application to him. Walling v. W.D. Haden Co., 153 F.2d 196, 199 (5th Cir.1946). Accordingly, the application of the seaman exemption generally depends on the facts in each case. See McLaughlin v. Bos. Harbor Cruise Lines, Inc., 419 F.3d 47, 51-52 (1st Cir.2005) . III. With this framework guiding us, we will
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What is the most suitable continuation to the opinion? Your options are:
A. holding that objection was timely even though objection was not made until after question was answered
B. recognizing application of the doctrines may involve a fact question for the jury but not finding such a question in the case before it
C. recognizing that application of the seaman exemption is a factintensive question that can be answered in many cases only after a trial
D. holding that prejudice from a question that violated doyle was cured by immediately sustaining objection before the question was answered
E. recognizing that the right to be present can be waived in noncapital felony federal cases
Reply with [A, B, C, D, E] only.