29 C.F.R. § 779.109
Amount of activities which constitute engaging in commerce or in the production of goods for commerce
The Act makes no distinction as to the percentage, volume, or amount of activities of either the employee or the employer which constitute engaging in commerce or in the production of goods for commerce. However, an employee whose in-commerce or production activities are isolated, sporadic, or occasional and involve only insubstantial amounts of goods will not be considered “engaged in commerce or in the production of goods for commerce” by virtue of that fact alone. The law is settled that every employee whose activities in commerce or in the production of goods for commerce, even though small in amount are regular and recurring, is considered “engaged in commerce or in the production of goods for commerce”.
Notes of Decisions
Cited in 1
case, 2018–2018 · leading case: Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018).
Mays v. Midnite Dreams, 300 Neb. 485 (Neb. 2018). “Supreme Court has stated that “handlers of goods for a wholesaler who moves them interstate on order or to meet the needs of specified cus- tomers are in commerce, while those employees who handle goods after acquisition by a merchant for general local dispo- sition are not.”37…”
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