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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 779.237 - Enterprise engaged in commerce or in the production of goods for commerce.

  • Section Number: 779.237
  • Section Name: Enterprise engaged in commerce or in the production of goods for commerce.

    Under section 3(s) the ``enterprise'' to be covered must be an 
``enterprise engaged in commerce or in the production of goods for 
commerce.'' This is defined in section 3(s) as follows:


    Enterprise engaged in commerce or in the production of goods for 
commerce means an enterprise which has employees engaged in commerce or 
in the production of goods for commerce, including employees handling, 
selling or otherwise working on goods that have been moved in or 
produced for commerce by any person * * *.


In order for an enterprise to come within the coverage of the Act, it 
must, therefore, be established that the enterprise has some employees 
who are:
    (a) Engaged in commerce or in the production of goods for commerce, 
including
    (b) Employees handling, selling or otherwise working on goods that 
have been moved in or produced for commerce by any person.

The legislative history of the 1966 amendments does not indicate a 
difference between the meaning of the above wording and the wording used 
in the prior Act. (See Sec. 779.22.) For a complete discussion of the 
employees who come within the quoted language see subpart B of the 
Interpretative Bulletin on general coverage, part 776 of this chapter.
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