Reading Room Document

Status of Baggers as Federal Employees Under the Fair Labor Standards Act

The document addresses a disagreement between the Department of Defense (DOD) and the Civil Service Commission (CSC) regarding the interpretation of the Fair Labor Standards Act of 1938 (FLSA) as it pertains to baggers who work at DOD commissaries. The conclusion reached in the document is that the "economic realities" test should be applied to determine whether baggers are considered federal employees under the FLSA, and that the criteria of Title 5 are not controlling in this determination. The document presents questions about the application of the "economic realities" test to determine the employment status of baggers, as well as the potential conflicts with other statutes such as the conflict-of-interest laws and the Federal Tort Claims Act.

May 9, 1977