[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: 29CFR779.103]

[Page 426]
 
                             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 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.