[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: 29CFR801.3]

[Page 764]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                            Subpart A_General
 
Sec. 801.3  Coverage.

    (a) The coverage of the Act extends to ``any employer engaged in or 
affecting commerce or in the production of goods for commerce.'' 
(Section 3 of EPPA; 29 U.S.C. 2002.) In interpreting the phrase 
``affecting commerce'' in other statutes, courts have found coverage to 
be coextensive with the full scope of the Congressional power to 
regulate commerce. See, for example, Godwin v. Occupational Safety and 
Health Review Commission, 540 F. 2d 1013, 1015 (9th Cir. 1976). Since 
most employers engage in one or more types of activities that would be 
regarded as ``affecting commerce'' under the principles established by a 
large body of court cases, virtually all employers are deemed subject to 
the provisions of the Act, unless otherwise exempt pursuant to section 7 
(a), (b), or (c) of the Act and Sec. Sec. 801.10 or 801.11 of this 
part.
    (b) The Act also extends to all employees of covered employers 
regardless of their citizenship status, and to foreign corporations 
operating in the United States. Moreover, the provisions of the Act 
extend to any actions relating to the administration of lie detector, 
including polygraph, tests which occur within the territorial 
jurisdiction of the United States, e.g., the preparation of paperwork by 
a foreign corporation in a Miami office relating to a polygraph test 
that is to be administered on the high seas or in some foreign location.

[56 FR 9064, Mar. 4, 1991; 56 FR 14469, Apr. 10, 1991]