Interstate Commerce Requisite

Sankey

In HRHero's 12/13/02 e-mailed publication regarding FMLA issues, it stated that companies that employ 50 or more, "...and are engaged in interstate commerce or any industry or activity affecting commerce..." are subject to the FMLA provisos. I have never seen this "commerce" stipulation before. If this is actually the case, then there are "worlds of us out here" to which this law does not apply (e.g., schools, religious entities, some service organizations, etc.) as we have been told it does. I can't believe that this "...and are engaged in interstate commerce" condition is accurate. Could it be "or", rather than "and"?

NaeNae55

I could be wrong, but I believe they get you as being involved with interstate commerce if you so much as buy an item from your office supply store that has been made out of state. It therefore essentially nabs everyone who meets the other provisions (ie: 50 or more employees within 75 miles).

Theresa Gegen TX

You are right. Almost every business that exists is involved in interstate commerce. Especially once it gets up to 50 employees. If the business buys products that are produced in another state and shipped to that state, the business is covered. If the business sells items or markets itself in more than one state, it is involved in interstate commerece.

I have had one church that I represented that was not involved in interstate commerce (it was a small, local church, that was not part of a larger churches organization). But other than that, every business I have dealt with (including schools) has been involved in interstate commerce.

The interstate commerece connection is key, because the feds would not have constitutional power to control the activities of a business that is not involved in interstate commerece. But the courts have interpreted interstate commerce so broadly, that it covers almost every business out there.

Good Luck!!