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. 772). 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, 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'', and ``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 part 791 of this
chapter, dealing with joint employment, 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.
