“Goods” is also comprehensively defined in section 3(i) of the FLSA and includes “articles or subjects of commerce of any character, or any part or ingredient thereof” not expressly excepted by the statute. (a ) Like the FLSA, the EPA applies to employees “engaged in * * * the production of goods for commerce.” The broad meaning of “commerce” as defined in section 3(b) of the FLSA has been outlind in § 1620.2. Thus, employees engaged in interstate or foreign commerce will typically include, among others, employees in distributing industries such as wholesaling or retailing who sell, transport, handle, or otherwise work on goods moving in interstate or foreign commerce as well as workers who order, receive, guard, pack, ship or keep records of such goods employees who handle payroll or personnel functions for workers engaged in such activities clerical and other workers who regularly use the mails, telephone, or telegraph for communication across State lines and employees who regularly travel across State lines while working. Engaging “in commerce” includes activities connected therewith such as management and control of the various physical processes, together with the accompanying accounting and clerical activities. (b ) Consistent with the purpose of the FLSA to apply Federal standards “throughout the farthest reaches of the channels of interstate commerce,” the courts have made it clear that the employees “engaged in commerce” include every employee employed in the channels of such commerce or in activities so closely related to such commerce as to be considered a part of it as a practical matter. Recovery of wages due injunctions penalties for willful violations. Investigations and compliance assistance. Relationship to the Equal Pay Act of title VII of the Civil Rights Act. Pay differentials claimed to be based on extra duties.Įmployment cost not a “factor other than sex.”Ĭollective bargaining agreements not a defense. Jobs performed under similar working conditions.Įquality of wages-application of the principle. Jobs requiring equal responsibility in performance. Jobs requiring equal effort in performance. Jobs requiring equal skill in performance. “Employer,” “employee,” and “employ” defined. What goods are considered as “produced for commerce.”Ĭoverage is not based on amount of covered activity. “Closely related” and “directly essential” activities. General coverage of employees “engaged in * * * the production of goods for commerce.” General coverage of employees “engaged in commerce.” Basic applicability of the Equal Pay Act.
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