[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.2]

[Page 309]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.2  General coverage of employees ``engaged in commerce.''

    (a) Like the FLSA, the EPA applies to employees ``engaged in 
commerce.'' ``Commerce'' is broadly defined in section 3(b) of the FLSA. 
It includes both interstate and foreign commerce and is not limited to 
transportation across State lines, or to activity of a commercial 
character. All parts of the movement among the several States, or 
between any State and any place outside thereof, of persons or things, 
tangibles or intangibles, including communication of information and 
intelligence, constitute movement in ``commerce'' within the statutory 
definition. This includes those parts of any such activity which take 
place wholly within a single State. In addition, the instrumentalities 
for carrying on such commerce are so inseparable from the commerce 
itself that employees working on such instrumentalities within the 
borders of a single State, by virtue of the contribution made by their 
work to the movement of the commerce, are ``engaged in commerce'' within 
the meaning of the FLSA.
    (b) Consistent with the purpose of the FLSA to apply Federal 
standards ``throughout the farthest reaches of the channels of 
interstate commerce,'' the courts have made it clear that the employees 
``engaged in commerce'' include every employee employed in the channels 
of such commerce or in activities so closely related to such commerce as 
to be considered a part of it as a practical matter. Engaging ``in 
commerce'' includes activities connected therewith such as management 
and control of the various physical processes, together with the 
accompanying accounting and clerical activities. Thus, employees engaged 
in interstate or foreign commerce will typically include, among others, 
employees in distributing industries such as wholesaling or retailing 
who sell, transport, handle, or otherwise work on goods moving in 
interstate or foreign commerce as well as workers who order, receive, 
guard, pack, ship or keep records of such goods; employees who handle 
payroll or personnel functions for workers engaged in such activities; 
clerical and other workers who regularly use the mails, telephone, or 
telegraph for communication across State lines; and employees who 
regularly travel across State lines while working. For other examples, 
see 29 CFR part 776.