As set forth in the preceding section an enterprise to be a
``covered enterprise'' must have at least some employees engaged in
certain described activities. This requirement will be determined on an
annual basis in order to give full effect to the intent of Congress.
Thus, it is not necessary that the enterprise have two or more employees
engaged in the named activities every week. An enterprise described in
section 3(s)(1) or (5) of the prior Act or in section 3(s)(1) of the Act
as it was amended in 1966 will be considered to have employees engaged
in commerce or in the production of goods for commerce, including the
handling, selling or otherwise working on goods that have been moved in
or produced for commerce by any person, if during the annual period
which it uses in calculating its annual sales for purposes of the other
conditions of these sections, it regularly and recurrently has at least
two or more employees engaged in such activities. On the other hand, it
is plain that an enterprise that has employees engaged in such
activities only in isolated or sporadic occasions, will not meet this
condition.
