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Who is Covered?
All employees of certain enterprises having workers engaged
in interstate commerce, producing goods for interstate commerce,
or handling, selling, or otherwise working on goods or materials
that have been moved in or produced for such commerce by any
person are covered by FLSA.
A covered enterprise is the related activities performed through
unified operation or common control by any person or persons
for a common business purpose and --
? whose annual gross volume of sales made or business done is
not less than $500,000 (exclusive of excise taxes at the retail
level that are separately stated); or
? is engaged in the operation of a hospital, an institution
primarily engaged in the care of the sick, the aged, or the
mentally ill who reside on the premises; a school for mentally
or physically disabled or gifted children; a preschool, an elementary
or secondary school, or an institution of higher education (whether
operated for profit or not for profit); or
? is an activity of a public agency.
Construction and laundry/dry cleaning enterprises, which had
been previously covered regardless of their annual dollar volume
of business, became subject to the $500,000 test on April 1,
1990.
Any enterprise that was covered by FLSA on March 31, 1990, and
that ceased to be covered because of the $500,000 test, continues
to be subject to the overtime pay, child labor and recordkeeping
provisions of FLSA.
Employees of firms which are not covered enterprises under FLSA
still may be subject to its minimum wage, overtime pay, and
child labor provisions if they are individually engaged in interstate
commerce or in the production of goods for interstate commerce,
or in any closely-related process or occupation directly essential
to such production. Such employees include those who: work in
communications or transportation; regularly use the mails, telephones,
or telegraph for interstate communication, or keep records of
interstate transactions; handle, ship, or receive goods moving
in interstate commerce; regularly cross State lines in the course
of employment; or work for independent employers who contract
to do clerical, custodial, maintenance, or other work for firms
engaged in interstate commerce or in the production of goods
for interstate commerce.
Domestic service workers such as day workers, housekeepers,
chauffeurs, cooks, or full-time babysitters are covered if
? their cash wages from one employer are at least $1,000 in
a calendar year (or the amount designated pursuant to an adjustment
provision in the Internal Revenue Code), or
? they work a total of more than 8 hours a week for one or more
employers.
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