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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 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart B  

Employment to Which the Act May Apply: Basic Principles and Individual Coverage


29 CFR 779.103 - Employees ``engaged in commerce.''

  • Section Number: 779.103
  • Section Name: Employees ``engaged in commerce.''

    Employees are ``engaged in commerce'' within the meaning of the Act 
when they are performing work involving or related to the movement of 
persons or things (whether tangibles or intangibles, and including 
information and intelligence) among the several States or between any 
State and any place outside thereof. (The statutory definition of 
commerce is contained in section 3(b) of the Act and is set forth in 
Sec. 779.12.) The courts have made it clear that this includes every 
employee employed in the channels of such commerce or in activities so 
closely related to this commerce, as to be considered a part of it as a 
practical matter. (Court cases are cited in the discussion of this term 
in Secs. 776.9--776.13 of this chapter). Typically, but not exclusively, 
employees engaged in interstate or foreign commerce include employees in 
distributing industries, such as wholesaling or retailing, who sell, 
handle or otherwise work on goods moving in interstate commerce as well 
as workers who order, receive, pack, ship, or keep records of such 
goods; clerical and other workers who regularly use the mails, telephone 
or telegraph for interstate communication; and employees who regularly 
travel across State lines while working.
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