An employee will be considered to be handling, selling, or otherwise working on goods that have been ``produced for commerce by any person'' within the meaning of section 3(s), if he is performing the described activities with respect to goods which have been ``produced for commerce'' within the meaning of the Act. The term ``produced'' is defined in section 3(j) of the Act and, as explained above, has a well-established meaning under the existing law. (See Sec. 779.104 and part 776 of this chapter.) The word as it is used in the context of the phrase ``goods * * * produced for commerce by any person'' in section 3(s) has the same meaning as in 3(j). Therefore, where goods are considered ``produced for commerce'' within the meaning of section 3(j) of the Act they also will be considered ``produced for commerce'' within the meaning of section 3(s). A discussion of when goods are produced for commerce within the meaning of section 3(j) is contained in Sec. 779.108. Of course, within the meaning of section 3(s), the goods will be considered ``produced for commerce'' when they are so produced ``by any person.''
Covered Retail Enterprise Sec. 779.244 ``Covered enterprises'' of interest to retailers ofgoods or services.
Retailers of goods or services are primarily concerned with the enterprises described in sections 3(s)(1) and 3(s)(5) of the prior Act and section 3(s)(1) of the Act as amended in 1966. Although section 3(s)(1) of the prior Act (under the 1961 amendments) had exclusive application to the retail and service industry, section 3(s)(1) of the Act as amended in 1966 may apply to any enterprise. This part is concerned only with retail or service establishments and enterprises. Enterprises described in clauses (2), (3), and (4) of section 3(s) are discussed herein only with respect to the application to them of provisions relating to retail or service establishments. Coverage of such enterprises and the application of section 3(s)(1) of the amended Act to enterprises generally are discussed in part 776 of this chapter. The statutory definitions of enterprises of interest to retailers under the prior Act and the Act as amended in 1966 are quoted in Sec. 779.22.