The Act's major provisions impose certain requirements and
prohibitions on every ``employer'' subject to their terms. The
employment by an ``employer'' of an ``employee'' is, to the extent
specified in the Act, made subject to minimum wage and overtime pay
requirements and to prohibitions against the employment of oppressive
child labor. The Act provides its own definitions of ``employer,''
``employee'', and ``employ'', under which ``economic reality'' rather
than ``technical concepts'' determines whether there is employment
subject to its terms (Goldberg v. Whitaker House Cooperative, 366 U.S.
28; United States v. Silk, 331 U.S. 704; Rutherford Food Corp. v.
McComb, 331 U.S. 722). An ``employer'', as defined in section 3(d) of
the Act, ``includes any person acting directly or indirectly in the
interest of an employer in relation to an employee but shall not include
the United States or any State or political subdivision of a State
(except with respect to employees of a State or a political subdivision
thereof, employed (a) in a hospital, institution, or school referred to
in the last sentence of subsection (r) of this section, or (b) in the
operation of a railway or carrier referred to in such sentence), or any
labor organization (other than when acting as an employer), or anyone
acting in the capacity of officer or agent of such labor organization''.
An ``employee'', as defined in section 3(e) of the Act, ``includes any
individual employed by an employer'' (except that the term is further
qualified for purposes of counting man-days of employment by an employer
in agriculture). ``Employ'', as used in the Act, is defined in section
3(g) to include ``to suffer or permit to work''. It should be noted, as
explained in the interpretative bulletin on general coverage, part 776
of this chapter, that in appropriate circumstances two or more employers
may be jointly responsible for compliance with the statutory
requirements applicable to employment of a particular employee. It
should also be noted that ``employer'', ``enterprise'', and
``establishment'' are not synonymous terms, as used in the Act. An
employer may have an enterprise with more than one establishment, or he
may have more than one enterprise, in which he employs employees within
the meaning of the Act. Also, there may be different employers who
employ employees in a particular establishment or enterprise.
