(a) General. Any employer employing one or more employees would be an "employer engaged in a business affecting commerce who has employees" and, therefore, he is covered by the Act as such.
(b) Clarification as to certain employers -
(1)
The professions, such as physicians, attorneys, etc. Where a
member of a profession, such as an attorney or physician, employs one or more
employees such member comes within the definition of an employer as defined in
the Act and interpreted thereunder and, therefore, such member is covered as an
employer under the Act and required to comply with its provisions and with the
regulations issued thereunder to the extent applicable.
(2)
Agricultural employers.
Any person engaged in an agricultural activity employing one or more employees
comes within the definition of an employer under the Act, and therefore, is
covered by its provisions. However, members of the immediate family of the farm
employer are not regarded as employees for the purposes of this
definition.
(3)
Indians. The Williams-Steiger Act contains no special
provisions with respect to different treatment in the case of Indians. It is
well settled that under statutes of general application, such as the
Williams-Steiger Act, Indians are treated as any other person, unless Congress
expressly provided for special treatment. "FPC v. Tuscarora Indian Nation," 362
U.S. 99, 115 - 118(1960)
"Navajo Tribe v. N.L.R.B.," 288 F.2d 162, 164-165 (D.C. Cir. 1961), cert. den
366 U.S
928(1961). Therefore
provided they otherwise come within the definition of the term "employer" as
interpreted in this part, Indians and Indian tribes, whether on or off
reservations, and non-Indians on reservations, will be treated as employers
subject to the requirements of the Act.
(4)
Nonprofit and charitable
organizations. The basic purpose of the Williams-Steiger Act is to
improve working environments in the sense that they impair, or could impair
the lives and health of employees. Therefore, certain economic tests such as
whether the employer's business is operated for the purpose of making a profit
or has other economic ends, may not properly be used as tests for coverage of
an employer's activity under the Williams-Steiger Act. To permit...
