29 C.F.R. § 779.240

Employees “handling * * * or otherwise working on goods.”

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(a) “Goods” upon which the described activities are performed. Employees will be considered to be handling, selling, or otherwise working on goods within the meaning of section 3(s) if they engage in the described activities on “goods” which “have been moved in or produced for commerce by any person.” They may be handling or working on such goods which the enterprise does not sell. The term “goods” is defined in section 3(i) of the Act. The definition is explained in § 779.107 and discussed comprehensively in part 776 of this chapter. As defined in section 3(i) of the Act, the term includes any part or ingredient of “goods” and, in general, includes “articles or subjects of commerce of any character.” Thus the term “goods,” as used in section 3(s), includes all goods which have been moved in or produced for commerce, such as stock-in-trade, or raw materials that have been moved in or produced for commerce.

(b) “Handling * * * or otherwise working on goods.” The term “handling * * * or otherwise working on goods” used in section 3(s) is substantially the same as the term used since 1938 in section 3(j) of the Act. Both terms will therefore be considered to have essentially the same meaning. (See part 776 of this chapter, the interpretative bulletin on the general coverage of the Act.) Thus, the activities encompassed in the term “handling or in any other manner working on goods” in section 3(s) are the same as the activities, encompassed in the similar term in section 3(j), by which goods are “produced” within the meaning of the Act. In general, the term “handling * * * or otherwise working on goods” includes employees who sort, screen, grade, store, pack, label, address, transport, deliver, print, type, or otherwise handle or work on the goods. The same will be true of employees who handle or work on “any part of ingredient of the goods” referred to in the discussion of the term “goods” in § 779.107. An employee will be considered engaged in “handling * * * or otherwise working on goods,” within the meaning of section 3(s), only if he performs the described activities on goods that “have been moved in or produced for commerce by any person.” This requirement is discussed in §§ 779.242 and 779.243.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1969–2023 · leading case: Polycarpe v. E&S Landscaping Serv., Inc., 616 F.3d 1217 (11th Cir. 2010).
Polycarpe v. E&S Landscaping Serv., Inc., 616 F.3d 1217 (11th Cir. 2010). · cites it 2× “See 29 C.F.R. § 779.240 (describing FLSA “handling” using commercial, not generic, terms).”
Shultz v. Travis-Edwards, Inc., 320 F. Supp. 834 (W.D. La. 1970). · cites it 4× “” 29 C.F.R. 779.240(a). It seems clear that coverage of the Act does not extend to a maid or porter who uses wax, etc.”
Joles v. Johnson Cnty. Youth Serv. Bureau, Inc., 885 F. Supp. 1169 (S.D. Ind. 1995). “29 C.F.R. §§ 779.240 (b), 779.242: The term “handling * * * or otherwise working on goods” used in section 3(s) is substantially the same as the term used since 1938 in section 3(j) of the Act.”
Peter J. Brennan, Sec'y of Labor, United States Dep't of Labor v. State of Lowa, 494 F.2d 100 (8th Cir. 1974). “See, 29 C.F.R. 779.240(a) (1970) which provided in part: However, the mere fact that employees in conducting the business of the enterprise or establishment, are using machinery, equipment, work tools, and the like, which may have been moved in or produced for commerce, does not…”
Marshall v. Baker, 500 F. Supp. 145 (N.D.N.Y. 1980). “29 C.F.R. § 779.240 (b) provides in pertinent part (emphasis added): In general, the term “handling .”
Shultz v. Arnheim & Neely, Inc., 324 F. Supp. 987 (W.D. Pa. 1969). “(2) As stated in 29 C.F.R. § 779.240 (a): “ * * * the mere fact that employees * * * are using machinery, equipment, work tools, and the like, which may have been moved in or produced for commerce, does not mean that they are handling, selling, or otherwise working on ‘goods’…”
Brennan v. Apt. Communities Corp., 360 F. Supp. 1255 (D. Del. 1973). “The Court relied upon the terms of § 203(i) of the Act as well as 29 CFR § 779.240 (a) to support its conclusion that when the products and supplies came into the actual physical possession of the janitors, such materials lost their character as “goods” because they were then in…”
Lamonica v. Safe Hurricane Shutters (11th Cir. 2010). · cites it 2× “See 29 C.F.R. §779.240 (describing FLSA “handling” using commercial, not generic, terms).”
Prince v. Kansas City Tree Care, LLC (D. Kan. 2023). “1983) (“Using” goods or materials which have moved in interstate commerce constitutes “handling” them within meaning of § 203(s); enterprise coverage established where employees readying raw land for actual building “handled” construction equipment and replacement parts which…”
— 29 C.F.R. § 779.240(a) — 2 cases
Peter J. Brennan, Sec'y of Labor, United States Dep't of Labor v. State of Lowa, 494 F.2d 100 (8th Cir. 1974). “See, 29 C.F.R. 779.240(a) (1970) which provided in part: However, the mere fact that employees in conducting the business of the enterprise or establishment, are using machinery, equipment, work tools, and the like, which may have been moved in or produced for commerce, does not…”
Shultz v. Travis-Edwards, Inc., 320 F. Supp. 834 (W.D. La. 1970). “” 29 C.F.R. 779.240(a). It seems clear that coverage of the Act does not extend to a maid or porter who uses wax, etc.”
— 29 C.F.R. § 779.240(b) — 1 case
Shultz v. Travis-Edwards, Inc., 320 F. Supp. 834 (W.D. La. 1970). “” 29 C.F.R. 779.240(a). It seems clear that coverage of the Act does not extend to a maid or porter who uses wax, etc.”
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