The Act has applied since 1938 and continues to apply to all
employees, not specifically exempted, who are engaged: (a) In interstate
or foreign commerce or (b) in the production of goods for such commerce,
which is defined to include any closely related process or occupation
directly essential to such production. (See Secs. 779.12-779.16 for
definitions governing the scope of this coverage.) Prior to the 1961
amendments a retailer was not generally concerned with the coverage
provisions as they applied to his individual employees because retail or
service establishments ordinarily were exempt. However, in some cases
such coverage was applicable as where employees were employed
in central offices of warehouses of retail chain store systems and,
therefore, were not exempt. (See Sec. 779.118.) Some exemptions for
retail or service establishments were narrowed as a result of the 1961
amendments and further revised or eliminated by the 1966 amendments
effective February 1, 1967. Therefore, discussion of the individual
coverage provisions of the Act is pertinent and this subpart will
discuss briefly the principles of such coverage with particular
reference to employment in the retail or service trades. A more
comprehensive discussion with respect to employees engaged in commerce
or in the production of goods for commerce may be found in part 776 of
this chapter, the general coverage bulletin.
Employees Engaged in Commerce or in the Production of Goods for Commerce