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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart C  

Employment to Which the Act May Apply; Enterprise Coverage


29 CFR 779.240 - Employees ``handling * * * or otherwise working on goods.''

  • Section Number: 779.240
  • Section Name: Employees ``handling * * * or otherwise working on goods.''

    (a) ``Goods'' upon which the described activities are performed. 
Employees will be considered to be handling, selling, or otherwise 
working on goods within the meaning of section 3(s) if they engage in 
the described activities on ``goods'' which ``have been moved in or 
produced for commerce by any person.'' They may be handling or working 
on such goods which the enterprise does not sell. The term ``goods'' is 
defined in section 3(i) of the Act. The definition is explained in 
Sec. 779.107 and discussed comprehensively in part 776 of this chapter. 
As defined in section 3(i) of the Act, the term includes any part or 
ingredient of ``goods'' and, in general, includes ``articles or subjects 
of commerce of any character.'' Thus the
term ``goods,'' as used in section 3(s), includes all goods which have 
been moved in or produced for commerce, such as stock-in-trade, or raw 
materials that have been moved in or produced for commerce.
    (b) ``Handling * * * or otherwise working on goods.'' The term 
``handling * * * or otherwise working on goods'' used in section 3(s) is 
substantially the same as the term used since 1938 in section 3(j) of 
the Act. Both terms will therefore be considered to have essentially the 
same meaning. (See part 776 of this chapter, the interpretative bulletin 
on the general coverage of the Act.) Thus, the activities encompassed in 
the term ``handling or in any other manner working on goods'' in section 
3(s) are the same as the activities, encompassed in the similar term in 
section 3(j), by which goods are ``produced'' within the meaning of the 
Act. In general, the term ``handling * * * or otherwise working on 
goods'' includes employees who sort, screen, grade, store, pack, label, 
address, transport, deliver, print, type, or otherwise handle or work on 
the goods. The same will be true of employees who handle or work on 
``any part of ingredient of the goods'' referred to in the discussion of 
the term ``goods'' in Sec. 779.107. An employee will be considered 
engaged in ``handling * * * or otherwise working on goods,'' within the 
meaning of section 3(s), only if he performs the described activities on 
goods that ``have been moved in or produced for commerce by any 
person.'' This requirement is discussed in Secs. 779.242 and 779.243.
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