C.F.R. » 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 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 C.F.R. § 779.239

Meaning of “engaged in commerce or in the production of goods for commerce.”

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The term “engaged in commerce or in the production of goods for commerce,” as used in section 3(s) of the Act in reference to employees who are so engaged is the same as the term which has been used in the Act for many years. The statutory definitions of these terms are set forth in §§ 779.12 through 779.16. The interpretative bulletin on general coverage part 776 of this chapter) contains the Division's interpretations as to which employees are “engaged in commerce or in the production of goods for commerce.” These interpretations are equally applicable under section 3(s) in determining which employees are “engaged in commerce or in the production of goods for commerce” within the meaning of this section. A brief discussion of the guiding principles of retail or service establishments are “engaged in commerce or in the production of goods for commerce” is set forth in subpart B of this part.

Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Joles v. Johnson Cnty. Youth Serv. Bureau, Inc., 885 F. Supp. 1169 (S.D. Ind. 1995).
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Joles v. Johnson Cnty. Youth Serv. Bureau, Inc., 885 F. Supp. 1169 (S.D. Ind. 1995). “29 C.F.R. § 779.239 . Likewise, the incorporation of § 203(j)’s existing language defining “production” into § 203(s)’s definition of an “enterprise engaged in commerce or the production of commerce” was not intended to broaden the existing scope of these terms.”
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