Roberts

Defendants are in the business of addressing, stuffing, and mailing envelopes containing printed advertising matter on behalf of different business enterprises that are defendants’ customers. Defendants are charged with violation of the Fair Labor Standards Act in having failed to pay the minimum wages required by the Act, and in having failed to keep the requisite records, and this action is for injunctive relief to compel conformity with these provisions of the Act.

All of the defendants’ customers were located in California. Under their contract with their customers, they addressed, stuffed, and mailed advertising matter to possible consumers of these customers’ products and services. This advertising matter was mailed throughout the United States and Canada. The individuals employed to address and stuff the envelopes did this work at home.

The pretrial order stipulates three issues for determination:

1. Were the home workers engaged in the production of goods for interstate commerce ?

2. Were the home workers, employed by the defendants to stuff and address envelopes, “employees” of the defendants for the purposes of the Fair Labor Standards Act?

3. Are the defendants…