29 C.F.R. § 776.18 Employees of Producers For Commerce

LibraryCode of Federal Regulations
Edition2021 Edition
CurrencyCurrent through February 28, 2022

(a) Covered employments illustrated. Some illustrative examples of the employees employed by a producer of goods for interstate or foreign commerce who are or are not engaged in the "production" of such goods within the meaning of the Act have already been given. Among the other employees of such a producer, doing work in connection with his production of goods for commerce, who are covered because their work, if not actually a part of such production, is "closely related" and "directly essential" to it, 86 are such employees as bookkeepers, stenographers, clerks, accountants and auditors, employees doing payroll, timekeeping and time study work, draftsmen, inspectors, testers and research workers, industrial safety men, employees in the personnel, labor relations, advertising, promotion, and public relations activities of the producing enterprise, work instructors, and other office and white collar workers; employees maintaining, servicing, repairing or improving the buildings, 87 machinery, equipment, vehicles, or other facilities used in the production of goods for commerce, 88 and such custodial and protective employees as watchmen, guards, firemen, patrolmen, caretakers, stockroom workers, and warehousemen; and transportation workers bringing supplies, materials, or equipment to the producer's premises, removing slag or other waste materials therefrom, or transporting materials or other goods, or performing such other transportation activities, as the needs of production may require. These examples are intended as illustrative, rather than exhaustive of the group of employees of a producer who are "engaged in the production" of goods for commerce, within the meaning of the Act, and who are therefore entitled to its wage and hours benefits unless specifically exempted by some provision of the Act.

    86 See H. Mgrs. St., 1949 p. 14; Sen. St., 1949 Cong. Rec., p. 15372. See also Borden Co. v. Borella,325 U.S. 679.
    87 No distinction of economic or statutory significance can be drawn between such work in a building where the production of goods is carried on physically and in one where such production is administered, managed, and controlled. Borden Co. v. Borella,324 U.S. 679.
    88 Such...

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