[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR776.22a]

[Page 346]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 776_INTERPRETATIVE BULLETIN ON THE GENERAL COVERAGE OF THE WAGE 
 
                     Subpart B_Construction Industry
 
Sec. 776.22a  Extension of coverage to employment in certain enterprises.

    Whether or not individually covered on the traditional basis, an 
employee is covered on an ``enterprise'' basis by the Act as amended in 
1961 and 1966 if he is ``employed in an enterprise engaged in commerce 
or in the production of goods for commerce'' as defined in section 3 
(r), (s), of the Act. ``Enterprise'' is defined generally by section 
3(r) to mean ``the related activities performed (either through unified 
operation or common control) by any person or persons for a common 
business purpose, and includes all such activities whether performed in 
one or more establishments or by one or more corporate or other 
organizational units.'' If an ``enterprise'' as thus defined is an 
``enterprise engaged in commerce or in the production of goods for 
commerce'' as defined and described in section 3(s) of the Act as 
amended, any employee employed in such enterprise is subject to the 
provisions of the Act to the same extent as if he were individually 
engaged ``in commerce or in the production of goods for commerce'', 
unless specifically exempt, section 3(s), insofar as pertinent to the 
construction industry, reads as follows:

    Enterprise engaged in commerce or in the production of goods for 
commerce means an enterprise which has employees engaged in commerce or 
in the production of goods for commerce, including employees handling, 
selling, or otherwise working on goods that have been moved in or 
produced for commerce by any person, and which:

                                * * * * *

    (3) Is engaged in the business of construction or reconstruction, or 
both.


Questions of ``enterprise coverage'' in the construction industry which 
are not answered in published statements of the Department of Labor may 
be addressed to the Administrator of the Wage and Hour Division, 
Department of Labor, Washington, DC 20210, or assistance may be 
requested from any of the Regional or District Offices of the Division.

[35 FR 5543, Apr. 3, 1970]

        Individual Employee Coverage in the Construction Industry