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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Interpretative Bulletin on the General Coverage of the Wage and Hours Provisions of the Fair Labor Standards Act of 1938 |
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| General |
29 CFR 776.10 - Employees participating in the actual movement of commerce.
- Section Number: 776.10
- Section Name: Employees participating in the actual movement of commerce.
(a) Under the principles stated in Sec. 776.9, the wage and hours
provisions of the Act apply typically, but not exclusively, to employees
such, as those in the telephone, 29 telegraph, 30
television, radio, 31 transportation and shipping 32
industries, since these industries serve as the actual
instrumentalities and channels of interstate and
foreign commerce. Similarly, employees of such businesses as banking,
insurance, newspaper publishing, 33 and others which
regularly utilize the channels of interstate and foreign commerce in the
course of their operations, are generally covered by the Act.
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29 Schmidt v. Peoples Telephone Union of Maryville, Mo.,
138 F. 2d 13 (C.A. 8); North Shore Corp. v. Barnett, 143 F. 2d 172 (C.A.
5); Strand v. Garden Valley Telephone Co., 51 F. Supp. 898 (D. Minn.).
30 Western Union Telegraph Co. v. Lenroot, 323 U.S. 490;
Western Union Telegraph Co. v. McComb, 165 F. 2d 65 (C.A. 6), certiorari
denied 333 U.S. 862; Moss v. Postal Telegraph Cable Co., 42 F. Supp. 807
(M.D. Ga.).
31 Wilson v. Shuman, 140 F. 2d 644 (C.A. 8); Wabash Radio
Corp. v. Walling, 162 F. 2d 391 (C.A. 6).
32 Overnight Motor Co. v. Missel, 316 U.S. 572; Hargis v.
Wabash R. Co., 163 F. 2d 607 (C.A. 7); Rockton & Rion R.R. v. Walling
146 F. 2d 111 (C.A. 4), certiorari denied 334 U.S. 880; Walling v.
Keansburg Steamboat Co., 162 F. 2d 405 (C.A. 3); Knudsen v. Lee &
Simmons, 163 F. 2d 95 (C.A. 2); Walling v. Southwestern Greyhound Lines,
65 F. Supp. 52 (W.D. Mo.); Walling v. Atlantic Greyhound Corp., 61 F.
Supp. 992 (E.D. S.C.).
33 Sun Pub. Co. v. Walling, 140 F. 2d 445 (C.A. 6),
certiorari denied 322 U.S. 728. See also Oklahoma Press Pub. Co. v.
Walling, 327 U.S. 186, and McComb v. Dessau, 9 W.H. Cases 332 (S.D.
Calif.) 17 Labor Cases, 65, 643.
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(b) Employees whose work is an essential part of the stream of
interstate or foreign commerce, in whatever type of business they are
employed, are likewise engaged in commerce and within the Act's
coverage. This would include, for example, employees of a warehouse
whose activities are connected with the receipt or distribution of goods
across State lines. 34 Also, since ``commerce'' as used in
the Act includes not only ``transmission'' of communications but
``communication'' itself, employees whose work involves the continued
use of the interstate mails, telegraph, telephone or similar
instrumentalities for communication across State lines are covered by
the Act. 35 This does not mean that any use by an employee
of the mails and other channels of communication is sufficient to
establish coverage. But if the employee, as a regular and recurrent part
of his duties, uses such instrumentalities in obtaining or communicating
information or in sending or receiving written reports or messages, or
orders for goods or services, or plans or other documents across State
lines, he comes within the scope of the Act as an employee directly
engaged in the work of ``communication'' between the State and places
outside the State.
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34 Phillips Co. v. Walling, 324 U.S. 490; Clyde v.
Broderick, 144 F. 2d 348 (C.A. 10).
35 McComb v. Weller, 9 W.H. Cases 53 (W.D. Tenn.); Yunker
v. Abbye Employment Agency, 32 N.Y.S. 2d 715; (Munic. Ct. N.Y.C.);
Phillips v. Meeker Coop. Light & Power Asso., 63 F. Supp. 733 (D.
Minn.); Anderson Bros. Corp. v. Flynn, 218 S.W. 2d 653 (C.A. Ky.).
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[15 FR 2925, May 17, 1950, as amended at 22 FR 5684, July 18, 1957]
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