U.S. Department of Labor
Fair Labor Standards Act Advisor
Based on your answer, your employees are not engaged in covered construction activities. Therefore, your employees are not covered on an individual basis under the Fair Labor Standards Act.
However, your employees may be covered during workweeks in which they are engaged in interstate commerce or in the production of goods for interstate commerce or meet the definition of a domestic employee. Young workers may also be covered when they work in or about covered production establishments. You should explore all areas of potential individual coverage since each category is broad and includes many occupations. You should also be aware that in certain instances we find that employees are jointly employed by more than one employer.
Note that if grandfather coverage applies to your business, you must comply with the recordkeeping, overtime pay and child labor provisions in all workweeks. Payment of no less than the Federal minimum wage would be required for employees during workweeks in which they engage in covered construction activities. During workweeks when an employee is not individually covered, payment of no less than $3.35 per hour would be required.
If you have any questions about the application of the FLSA to your company/organization which are not answered by this Advisor, contact your local Wage and Hour District Office.
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