[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR779.103]

[Page 470-471]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 779_THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR 
SERVICES--Table of Contents
 
 Subpart B_Employment to Which the Act May Apply: Basic Principles and 
                           Individual Coverage
 
Sec. 779.103  Employees ``engaged in commerce.''

    Employees are ``engaged in commerce'' within the meaning of the Act 
when they are performing work involving or related to the movement of 
persons or things (whether tangibles or intangibles, and including 
information and intelligence) among the several States or between any 
State and any

[[Page 471]]

place outside thereof. (The statutory definition of commerce is 
contained in section 3(b) of the Act and is set forth in Sec. 779.12.) 
The courts have made it clear that this includes every employee employed 
in the channels of such commerce or in activities so closely related to 
this commerce, as to be considered a part of it as a practical matter. 
(Court cases are cited in the discussion of this term in Sec. Sec. 
776.9--776.13 of this chapter). Typically, but not exclusively, 
employees engaged in interstate or foreign commerce include employees in 
distributing industries, such as wholesaling or retailing, who sell, 
handle or otherwise work on goods moving in interstate commerce as well 
as workers who order, receive, pack, ship, or keep records of such 
goods; clerical and other workers who regularly use the mails, telephone 
or telegraph for interstate communication; and employees who regularly 
travel across State lines while working.