(a) The statutory provision. An employee is covered by the wage and hours provisions of the Act if he is engaged in the "production" (as explained in §§776.15 through 776.19 ) "for commerce" (as explained in §776.21 ) of anything defined as "goods" in section 3(i) of the Act. This definition is:
Goods means goods (including ships
and marine equipment), wares, products, commodities, merchandise, or articles
or subjects of commerce of any character, or any part or ingredient thereof
but does not include goods after their delivery into the actual physical
possession of the ultimate consumer thereof other than a producer
manufacturer, or processor thereof.
(b) "Articles or subjects of commerce of any character." It will be observed that "goods" as defined in the Act are not limited to commercial goods or articles of trade, or, indeed, to tangible property, but include "articles or subjects of commerce of any character (emphasis supplied). 18 It is well settled that things such as "ideas, * * * orders, and intelligence" are "subjects of commerce." Telegraphic messages have, accordingly, been held to be "goods" within the meaning of the Act. 19 Other articles or subjects of commerce which fall within the definition of "goods" include written materials such as newspapers, magazines, brochures, pamphlets, bulletins, and announcements; 20 written reports, fiscal and other statements and accounts, correspondence, lawyers' briefs and other documents; 21 advertising, motion picture, newspaper and radio copy, artwork and manuscripts for publication; 22 sample books; 23 letterheads, envelopes, shipping tags, labels, check books, blank books, book covers, advertising circulars and candy wrappers. 24 Insurance policies are "goods" within the meaning of the Act; 25 so are bonds, stocks, bills of exchange, bills of lading, checks, drafts, negotiable notes and other commercial paper. 26 "Goods" includes gold; 27 livestock; 28 poultry and eggs; 29 vessels; 30 vehicles; 31 aircraft; 32 garments being laundered or rented; 33 ice; 34 containers, as, for example, cigar boxes or wrapping paper and packing materials for other goods shipped in commerce; 35 electrical energy or power, gas, etc.; 36 and by-products, 37 to mention only a few illustrations of the articles or subjects of "trade, commerce, transportation, transmission, or communication among the several States, or between any State and any place outside thereof" which the Act refers to as "goods." The Act's definitions do not, however, include as "goods" such things as dams, river improvements, highways and viaducts, or railroad lines. 38
18 As pointed out in
Lenroot v. Western Union Tel. Co., 141 F. 2d
400 (C.A. 2), the legislative history shows that the definition was originally
narrower, and that subjects of commerce were added by a Senate
amendment.
20
Mabee
v. White Plains Pub. Co.,327 U.S. 178; Yunker
v. Abbye Employment Agency, 32 N.Y.S. 2d 715
Berry v. 34 Irving Place Corp., 52 F. Supp
875 (S.D. N.Y.); Ullo v. Smith, 62 F. Supp
757, affirmed in 177 F. 2d 101 (C.A. 2); see also opinion of the four
dissenting justices in 10 E. 40th St. Bldg. v.
Callus, 325 U.S. at p. 586.
Waste paper collected for shipment in commerce is
goods. See Fleming v. Schiff, 1 W.H. Cases
893 (D. Colo.), 15 Labor Cases (CCH) par. 60,864.
21
Phillips v. Meeker Coop. Light & Power
Asso., 63 F. Supp. 733, affirmed in 158 F. 2d 698 (C.A. 8)
Lofther v. First Nat. Bank of Chicago, 48 F....
