C.F.R.
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Title 29
» CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS › PART 776—INTERPRETATIVE BULLETIN ON THE GENERAL COVERAGE OF THE WAGE AND HOURS PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938 › Subpart A—General
(a) The activities constituting “commerce” within the meaning of the phrase “engaged in commerce” in sections 6 and 7 of the Act are defined in section 3(b) as follows:
Commerce means trade, commerce, transportation, transmission, or communication among the several States, or between any State and any place outside thereof.
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21 As amended by section 3(a) of the Fair Labor Standards Amendments of 1949.
As has been noted in § 776.7, the word “State” in this definition refers not only to any of the fifty States but also to the District of Columbia and to any Territory or possession of the United States.
(b) It should be observed that the term commerce is very broadly defined. The definition does not limit the term to transportation, or to the “commercial” transactions involved in “trade,” although these are expressly included. Neither is the term confined to commerce in “goods.” Obviously, “transportation” or “commerce” between any State and any place outside its boundaries includes a movement of persons as well as a movement of goods. And “transmission” or “communication” across State lines constitutes “commerce” under the definition, without reference to whether anything so transmitted or communicated is “goods.”
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22 “Goods” is, however, broadly defined in the Act. See § 776.20(a).
The inclusion of the term “commerce” in the definition of the same term as used in the Act implies that no special or limited meaning is intended; rather, that the scope of the term for purposes of the Act is at least as broad as it would be under concepts of “commerce” established without reference to this definition.
Notes of Decisions
Dean v. Pac. Bellwether, LLC, 996 F. Supp. 2d 1044 (N. Mar. I. 2014).
· cites it 2× “” 29 C.F.R. § 776.8 (b). The thrust of Dean’s opposition appears to be that this regulation means that commerce must be defined the same as it is under the Commerce Clause.”
Jackson v. Airways Parking Co., 297 F. Supp. 1366 (N.D. Ga. 1969).
“As the administrative regulations to the Act note, “The inclusion of the term ‘commerce’ in the definition of the same term as used in the act implies that no special or limited meaning is intended; rather, that the scope of the term for purposes of the act is at least as broad…”
Collado v. Florida Cleanex, Inc., 727 F. Supp. 2d 1369 (S.D. Fla. 2010).
“at 1267 (citations omitted); see also 29 C.F.R. §§ 776.8 -.13, .23 (2009). Collado did not work for an instrumentality of interstate commerce, but for a local cleaning company.”
Alfredo Ocampo Pino v. Painted to Perfection Corp., 563 F. App'x 764 (11th Cir. 2014).
“” See 29 C.F.R. § 776.8 . *767 In determining what activities qualify as “in commerce,” [o]ne practical question to be asked is whether, without the particular service, interstate or foreign commerce would be impeded, impaired, or abated; others are whether the service…”
Trinta v. Superior Court of Puerto Rico, 87 P.R. 378 (1963).
“See the Interpretative Bulletin of the Wage and Hour Division issued in 1962, 29 C.F.R., Parts 776.8 to 776.11. Those employees who are regularly engaged in loading and unloading interstate shipments are also covered by the Federal Fair Labor Standards Act, The employees of…”
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