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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 776  

Interpretative Bulletin on the General Coverage of the Wage and Hours Provisions of the Fair Labor Standards Act of 1938

 

 

 

Subpart A  

General


29 CFR 776.3 - Persons engaging in both covered and noncovered activities.

  • Section Number: 776.3
  • Section Name: Persons engaging in both covered and noncovered activities.

    The Act applies to employees ``engaged in commerce or in the 
production of goods for commerce'' without regard to whether such 
employees, or their employer, are also engaged in other activities which 
would not bring them within the coverage of the Act. The Act makes no 
distinction as to the percentage, volume, or amount of activities of 
either employee or employer which constitute engaging in commerce or in 
the production of goods for commerce. Sections 6 and 7 refer to ``each'' 
and ``any'' employee so engaged, and section 15(a)(1) prohibits the 
introduction into the channels of interstate or foreign commerce of 
``any'' goods in the production of which ``any'' employee was employed 
in violation of section 6 or section 7. Although employees doing work in 
connection with mere isolated, sporadic, or occasional shipments in 
commerce of insubstantial amounts of goods will not be considered 
covered by virtue of that fact alone, the law is settled that every 
employee whose engagement in activities in commerce or in the production 
of goods for commerce, even though small in amount, is regular and 
recurring, is covered by the Act. 12  This does not, however, 
necessarily mean that an employee who at some particular time may engage 
in work which brings him within the coverage of the Act is, by reason of 
that fact, thereafter indefinitely entitled to its benefits.
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    12 United States v. Darby, 312 U.S. 100; Mabee v. White 
Plains Pub. Co., 327 U.S. 178; Schmidt v. Peoples Telephone Union of 
Maryville, Missouri, 138 F. 2d 13 (C.A. 8); New Mexico Public Service 
Co. v. Engel, 145 F. 2d 636 (C.A. 10); Sun Pub. Co. v. Walling, 140 F. 
2d 445 (C.A. 6), certiorari denied 322 U.S. 728; Davis v. Goodman Lumber 
Co., 133 F. 2d 52 (C.A. 4).
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