[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: 29CFR779.104]

[Page 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. 779.104  Employees ``engaged in the production of goods for commerce.''

    The activities constituting ``production'' within the meaning of the 
phrase ``engaged in * * * the production of goods for commerce'' are 
defined in section 3(j) of the Act. (The statutory definition is set 
forth in Sec. 779.13.) The handling or otherwise working on goods 
intended for shipment out of the State, directly or indirectly, in 
engagement in the ``production'' of goods for commerce. Thus, employees 
in retail stores who sell, pack, or otherwise work on goods which are to 
be shipped or delivered outside of the State are engaged in the 
production of goods for commerce. Typically, but not exclusively, 
employees engaged in the production of goods for interstate or foreign 
commerce, include those who work in manufacturing, processing and 
distributing establishments, including wholesale or retail 
establishments, that produce goods for interstate or foreign commerce. 
This includes everyone, including office, management, sales and shipping 
personnel, and maintenance, custodial and protective employees, whether 
they are employed by the producer or an intermediary. Employees may be 
covered even if their employer does not ship his goods directly in such 
commerce. The goods may leave the State through another firm. The 
workers may produce goods which become a part or ingredient of goods 
shipped in interstate or foreign commerce by another firm. Also covered 
are workers who are engaged in a closely related process or occupation 
directly essential to such production. (See Sec. 779.105.)