29 CFR 779.109
§ 779.109 Amount of activities which constitute engaging in commerce or in the production of goods for commerce.
United States · 29 CFR — Labor · Status: effective
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- Citation
- 29 CFR 779.109, § 779.109 Amount of activities which constitute engaging in commerce or in the production of goods for commerce, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/126165
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Full text
The Act makes no distinction as to the percentage, volume, or amount of activities of either the employee or the employer which constitute engaging in commerce or in the production of goods for commerce. However, an employee whose in-commerce or production activities are isolated, sporadic, or occasional and involve only insubstantial amounts of goods will not be considered “engaged in commerce or in the production of goods for commerce” by virtue of that fact alone. The law is settled that every employee whose activities in commerce or in the production of goods for commerce, even though small in amount are regular and recurring, is considered “engaged in commerce or in the production of goods for commerce”.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.