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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| The Fair Labor Standards Act As Applied to Retailers of Goods or Services |
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| Employment to Which the Act May Apply; Enterprise Coverage |
29 CFR 779.243 - Goods that have been ``produced for commerce by any person.''
- Section Number: 779.243
- Section Name: Goods that have been ``produced for commerce by any person.''
An employee will be considered to be handling, selling, or otherwise
working on goods that have been ``produced for commerce by any person''
within the meaning of section 3(s), if he is performing the described
activities with respect to goods which have been ``produced for
commerce'' within the meaning of the Act. The term ``produced'' is
defined in section 3(j) of the Act and, as explained above, has a well-
established meaning under the existing law. (See Sec. 779.104 and part
776 of this chapter.) The word as it is used in the context of the
phrase ``goods * * * produced for commerce by any person'' in section
3(s) has the same meaning as in 3(j). Therefore, where goods are
considered ``produced for commerce'' within the
meaning of section 3(j) of the Act they also will be considered
``produced for commerce'' within the meaning of section 3(s). A
discussion of when goods are produced for commerce within the meaning of
section 3(j) is contained in Sec. 779.108. Of course, within the meaning
of section 3(s), the goods will be considered ``produced for commerce''
when they are so produced ``by any person.''
Covered Retail Enterprise
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