U.S. Department of Labor
Fair Labor Standards Act Advisor
Engagement in Interstate Commerce
Employees are covered by the Fair Labor Standards Act (FLSA) on an individual basis when they are engaged in interstate or foreign commerce on the job. Interstate commerce means any work involving or related to the movement of persons or things (including intangibles, such as information) across state lines or from foreign countries.
The workweek is the standard used when determining if the Fair Labor Standards Act (FLSA) applies. An employee may be individually covered in one workweek and not covered in the following workweek. Also, some employees of an employer may be individually covered by the FLSA, and others not.
Section 12(a) of the FLSA covers youth employed in or about an establishment in which goods are produced for commerce. Under this provision, the youth does not have to be personally engaged in the production of goods for interstate commerce to be protected by the child labor provisions of the FLSA. As long as somewhere in or about the establishment where the youth is employed, or within 30 days of the youth's employment, goods are produced and removed for shipment in commerce, the youth is protected by the child labor provisions of the FLSA. Use the FLSA Child Labor Rules Advisor to find more information on the child labor provisions of the FLSA.
These are examples and are not intended to include all possible employees who are engaged in interstate commerce. Now that you have a good idea of what it means to be engaged in interstate commerce, please answer the following question:
Are you engaged in interstate commerce?
