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- Code of Federal Regulations
- 2023 Edition
- Title 29. Labor
- Subtitle B. Regulations Relating to Labor
- Chapter V. Wage and Hour Division, Department of Labor
- Subchapter B. Statements of General Policy Or Interpretation Not Directly Related to Regulations
- Part 776. Interpretative Bulletin On the General Coverage of the Wage and Hours Provisions of the Fair Labor Standards Act of 1938
- Subpart A. General
- How Coverage Is Determined
29 C.F.R. § 776.2 Employee Basis of Coverage
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through October 31, 2023 |
(a) The coverage of the Act's wage and hours provisions as described in sections 6 and 7 does not deal in a blanket way with industries as a whole. Thus, in section 6, it is provided that every employer shall pay the statutory minimum wage to "each of his employees who is engaged in commerce or in the production of goods for commerce." It thus becomes primarily an individual matter as to the nature of the employment of the particular employee. Some employers in a given industry may have no employees covered by the Act; other employers in the industry may have some employees covered by the Act, and not others; still other employers in the industry may have all their employees within the Act's coverage. If, after considering all relevant factors, employees are found to be engaged in covered work, their employer cannot avoid his obligations to them under the Act on the ground that he is not "engaged in commerce or in the production of goods for commerce." To the extent that his employees are so engaged, he is himself so engaged.
(b) In determining whether an individual employee is within the coverage of the wage and hours provisions, however, the relationship of an employer's business to commerce or to the production of goods for commerce may sometimes be an important indication of the character of the employee's work.
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