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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Individual Coverage

A worker with a disability is covered individually in every workweek in which he or she is engaged in commerce, in the production of goods for commerce, or performs work that is closely related and directly essential (CRADE) to the production of goods for commerce.

If an employee performs any covered work, all work performed by that employee during the same workweek is covered under the FLSA.

Typical work activities through which a worker with a disability may be covered on an individual basis include:

1. Subcontract work: An employer, such as a work center, may obtain contracts requiring the assembling, packaging, or sorting of goods which, after the work is done, move from the work center directly into the stream of interstate commerce or back to the contractor who, in turn, ships them in interstate commerce. Employees are individually covered in those workweeks when they perform these tasks.

2. Primary manufacturing: A work center may manufacture or produce goods that are directly or indirectly shipped in interstate commerce. Employees are individually covered in those workweeks when they perform these tasks.

3. Salvage operations: A work center may collect used goods that are sorted, reprocessed, salvaged and/or repaired. If a portion of those goods is then sold to dealers who return them to the flow of interstate commerce, the workers who handled those goods are individually covered in those workweeks when they performed these tasks.

4. Work that is closely related and directly essential (CRADE) to the covered activity: Typical CRADE workers include janitors sweeping the floor in areas where goods are produced for interstate commerce; material handlers, warehouse workers, and helpers who box, move, and load goods to be shipped in interstate commerce; and office workers who handle interstate phone calls and prepare correspondence relating to the goods.

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FLSA Section 14(c) Advisor | Wage and Hour Division