of Labor has taken the position that “[ejmployees ... are individually covered under the FLSA if, in the performance of their duties, they are engaged in interstate commerce.... Such employees include those who regularly handle interstate mail and telephone calls, engage in banking or credit card transactions, or receive or handle goods or materials from or destined for out-of-state sources.” Opinion Letter, FLSA, 1999 WL 1002373 (Mar. 5, 1999). The Department of Labor regulations clarify an employee who uses interstate communications incidentally is not covered by the FLSA. [S]ince “commerce” as used in the act includes not only “transmission” of communications but “communication” itself, employees whose work involves t F.3d 1264, 1267-68, 2006 WL 1228863, at *3 (11th Cir.2006) (<HOLDING>); Kitchings v. Florida United Methodist
holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion under advisement but the defendant failed to seek a ruling on the motion and failed to renew the motion after the jurors had been qualified holding that there was a sufficiently direct relationship between restricting the defendants selfemployment as a roofer and his bank fraud conviction when the defendant used his roofing business to facilitate the fraud and after his initial sentence he failed to provide information about his business activities to his probation officer holding that where a defendants first motion was both filed and denied while his conviction was on appeal his second motion is not procedurally barred holding that an employee who used his companys credit card failed to adduce enough evidence to avoid the defendants rule 50 motion on his flsa claims holding that the appellant waived his claim on appeal because he failed to address that claim in either his application for a coa or his brief on appeal