29 CFR Part 779
PART 779—THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
- PART 779—THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
- Subtitle B—Regulations Relating to Labor › Chapter V—Wage and Hour Division, Department of Labor › Subchapter B—Statements of General Policy or Interpretation Not Directly Related to Regulations
- Subpart A—General
- Introductory
- § 779.0 Purpose of interpretative bulletin.
- § 779.1 General scope of the Act.
- § 779.2 Previous and new coverage.
- § 779.3 Pay standards for employees subject to previous coverage of the Act.
- § 779.4 Pay standards for newly covered employment.
- § 779.5 Matters discussed in this part.
- § 779.6 Matters discussed in other interpretative bulletins.
- Interpretations of the Law
- § 779.7 Significance of official interpretations.
- § 779.8 Basic support for interpretations.
- § 779.9 Reliance on interpretations.
- § 779.10 Interpretations made, continued, and superseded by this part.
- Some Basic Definitions
- § 779.11 General statement.
- § 779.12 Commerce.
- § 779.13 Production.
- § 779.14 Goods.
- § 779.15 Sale and resale.
- § 779.16 State.
- § 779.17 Wage and wage payments to tipped employees.
- § 779.18 Regular rate.
- § 779.19 Employer, employee, and employ.
- § 779.20 Person.
- § 779.21 Enterprise.
- § 779.22 Enterprise engaged in commerce or in the production of goods for commerce.
- § 779.23 Establishment.
- § 779.24 Retail or service establishment.
- Subpart B—Employment to Which the Act May Apply: Basic Principles and Individual Coverage
- General Principles
- § 779.100 Basic coverage in general.
- § 779.101 Guiding principles for applying coverage and exemption provisions.
- § 779.102 Scope of this subpart.
- Employees Engaged in Commerce or in the Production of Goods for Commerce
- § 779.103 Employees “engaged in commerce.”
- § 779.104 Employees “engaged in the production of goods for commerce.”
- § 779.105 Employees engaged in activities “closely related” and “directly essential” to the production of goods for commerce.
- § 779.106 Employees employed by an independent employer.
- § 779.107 Goods defined.
- § 779.108 Goods produced for commerce.
- § 779.109 Amount of activities which constitute engaging in commerce or in the production of goods for commerce.
- § 779.110 Employees in retailing whose activities may bring them under the Act.
- § 779.111 Buyers and their assistants.
- § 779.112 Office employees.
- § 779.113 Warehouse and stock room employees.
- § 779.114 Transportation employees.
- § 779.115 Watchmen and guards.
- § 779.116 Custodial and maintenance employees.
- § 779.117 Salesmen and sales clerks.
- § 779.118 Employees providing central services for multi-unit organizations.
- § 779.119 Exempt occupations.
- Subpart C—Employment to Which the Act May Apply; Enterprise Coverage
- Enterprise; the Business Unit
- § 779.200 Coverage expanded by 1961 and 1966 amendments.
- § 779.201 The place of the term “enterprise” in the Act.
- § 779.202 Basic concepts of definition.
- § 779.203 Distinction between “enterprise,” “establishment,” and “employer.”
- § 779.204 Common types of “enterprise.”
- Related Activities
- § 779.205 Enterprise must consist of “related activities.”
- § 779.206 What are “related activities.”
- § 779.207 Related activities in retail operations.
- § 779.208 Auxiliary activities which are “related activities.”
- § 779.209 Vertical activities which are “related activities.”
- § 779.210 Other activities which may be part of the enterprise.
- § 779.211 Status of activities which are not “related.”
- Common Business Purpose
- § 779.212 Enterprise must consist of related activities performed for a “common business purpose.”
- § 779.213 What is a common business purpose.
- § 779.214 “Business” purpose.
- Unified Operation or Common Control
- § 779.215 General scope of terms.
- § 779.216 Statutory construction of the terms.
- § 779.217 “Unified operation” defined.
- § 779.218 Methods to accomplish “unified operation.”
- § 779.219 Unified operation may be achieved without common control or common ownership.
- § 779.220 Unified operation may exist as to separately owned or controlled activities which are related.
- § 779.221 “Common control” defined.
- § 779.222 Ownership as factor.
- § 779.223 Control where ownership vested in individual or single organization.
- § 779.224 Common control in other cases.
- Leased Departments, Franchise and Other Business Arrangements
- § 779.225 Leased departments.
- § 779.226 Exception for an independently owned retail or service establishment under certain franchise and other arrangements.
- § 779.227 Conditions which must be met for exception.
- § 779.228 Types of arrangements contemplated by exception.
- § 779.229 Other arrangements.
- § 779.230 Franchise and other arrangements.
- § 779.231 Franchise arrangements which do not create a larger enterprise.
- § 779.232 Franchise or other arrangements which create a larger enterprise.
- § 779.233 Independent contractors performing work “for” an enterprise.
- § 779.234 Establishments whose only regular employees are the owner or members of his immediate family.
- § 779.235 Other “enterprises.”
- Covered Enterprises
- § 779.236 In general.
- § 779.237 Enterprise engaged in commerce or in the production of goods for commerce.
- § 779.238 Engagement in described activities determined on annual basis.
- § 779.239 Meaning of “engaged in commerce or in the production of goods for commerce.”
- Employees Handling, Selling, or Otherwise Working on Goods That Have Been Moved in or Produced for Commerce by Any Person
- § 779.240 Employees “handling * * * or otherwise working on goods.”
- § 779.241 Selling.
- § 779.242 Goods that “have been moved in” commerce.
- § 779.243 Goods that have been “produced for commerce by any person.”
- Covered Retail Enterprise
- § 779.244 “Covered enterprises” of interest to retailers of goods or services.
- § 779.245 Conditions for coverage of retail or service enterprises.
- Interstate Inflow Test Under Prior Act
- § 779.246 Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.
- § 779.247 “Goods” defined.
- § 779.248 Purchase or receive “goods for resale.”
- § 779.249 Goods which move or have moved across State lines.
- § 779.250 Goods that have not lost their out-of-State identity.
- § 779.251 Goods that have lost their out-of-State identity.
- § 779.252 Not in deliveries from the reselling establishment.
- § 779.253 What is included in computing the total annual inflow volume.
- The Gasoline Service Establishment Enterprise
- § 779.254 Summary of coverage and exemptions prior to and following the 1966 amendments.
- § 779.255 Meaning of “gasoline service establishment.”
- § 779.256 Conditions for enterprise coverage of gasoline service establishments.
- § 779.257 Exemption applicable to gasoline service establishments under the prior Act.
- Annual Gross Volume of Sales Made or Business Done
- § 779.258 Sales made or business done.
- § 779.259 What is included in annual gross volume.
- § 779.260 Trade-in allowances.
- Excise Taxes
- § 779.261 Statutory provision.
- § 779.262 Excise taxes at the retail level.
- § 779.263 Excise taxes not at the retail level.
- § 779.264 Excise taxes separately stated.
- Computing The Annual Volume
- § 779.265 Basis for making computations.
- § 779.266 Methods of computing annual volume of sales or business.
- § 779.267 Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.
- § 779.268 Grace period of 1 month for computation.
- § 779.269 Computations for a new business.
- Subpart D—Exemptions for Certain Retail or Service Establishments
- General Principles
- § 779.300 Purpose of subpart.
- § 779.301 Statutory provisions.
- “Establishment” Basis of Exemptions
- § 779.302 Exemptions depend on character of establishment.
- § 779.303 “Establishment” defined; distinguished from “enterprise” and “business.”
- § 779.304 Illustrations of a single establishment.
- § 779.305 Separate establishments on the same premises.
- § 779.306 Leased departments not separate establishments.
- § 779.307 Meaning and scope of “employed by” and “employee of.”
- § 779.308 Employed within scope of exempt business.
- § 779.309 Employed “in” but not “by.”
- § 779.310 Employees of employers operating multi-unit businesses.
- § 779.311 Employees working in more than one establishment of same employer.
- Statutory Meaning of Retail or Service Establishment
- § 779.312 “Retail or service establishment”, defined in section 13(a)(2).
- § 779.313 Requirements summarized.
- Making Sales of Goods and Services “Recognized as Retail”
- § 779.314 “Goods” and “services” defined.
- § 779.315 Traditional local retail or service establishments.
- § 779.316 Establishments outside “retail concept” not within statutory definition; lack first requirement.
- § 779.317 [Reserved]
- § 779.318 Characteristics and examples of retail or service establishments.
- § 779.319 A retail or service establishment must be open to general public.
- § 779.320 [Reserved]
- § 779.321 Inapplicability of “retail concept” to some types of sales or services of an eligible establishment.
- “Recognized” as Retail “in the Particular Industry”
- § 779.322 Second requirement for qualifying as a “retail or service establishment.”
- § 779.323 Particular industry.
- § 779.324 Recognition “in.”
- § 779.325 Functions of the Secretary and the courts.
- § 779.326 Sources of information.
- § 779.327 Wholesale sales.
- § 779.328 Retail and wholesale distinguished.
- § 779.329 Effect of type of customer and type of goods or services.
- Sales Not Made for Resale
- § 779.330 Third requirement for qualifying as a “retail or service establishment.”
- § 779.331 Meaning of sales “for resale.”
- § 779.332 Resale of goods in an altered form or as parts or ingredients of other goods or services.
- § 779.333 Goods sold for use as raw materials in other products.
- § 779.334 Sales of services for resale.
- § 779.335 Sales of building materials for residential or farm building construction.
- § 779.336 Sales of building materials for commercial property construction.
- General Tests of Exemption Under Section 13(a)(2)
- § 779.337 Requirements of exemption summarized.
- § 779.338 Effect of 1961 and 1966 amendments.
- Sales Made Within the State
- § 779.339 More than 50 percent intrastate sales required.
- § 779.340 Out-of-State customers.
- § 779.341 Sales “made within the State” and “engagement in commerce” distinguished.
- Computing Annual Dollar Volume and Combination of Exemptions
- § 779.342 Methods of computing annual volume of sales.
- § 779.343 Combinations of exemptions.
- Engaging in Manufacturing and Processing Activities; Section 13(a)(4)
- § 779.345 Exemption provided in section 13(a)(4).
- § 779.346 Requirements for exemption summarized.
- § 779.347 Exemption limited to “recognized retail establishment”; factories not exempt.
- § 779.348 Goods must be made at the establishment which sells them.
- § 779.349 The 85-percent requirement.
- § 779.350 The section 13(a)(4) exemption does not apply to service establishments.
- Engaging in Contract Telegraph Agency Operations; Section 13(a)(11)
- § 779.351 Exemption provided.
- § 779.352 Requirements for exemption.
- Classification of Sales and Establishments in Certain Industries
- § 779.353 Basis for classification.
- Lumber and Building Materials Dealers
- § 779.354 Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.355 Classification of lumber and building materials sales.
- § 779.356 Application of exemptions to employees.
- Coal Dealers
- § 779.357 May qualify as exempt 13(a)(2) establishments; classification of coal sales.
- Ice Manufacturers and Ice Dealers
- § 779.358 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- Liquefied-Petroleum-Gas and Fuel Oil Dealers
- § 779.359 May qualify as exempt 13(a)(2) establishments.
- § 779.360 Classification of liquefied-petroleum-gas sales.
- § 779.361 Classification of other fuel oil sales.
- Feed Dealers
- § 779.362 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- Monument Dealers
- § 779.363 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- Frozen-Food Locker Plants
- § 779.364 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- Automotive Tire Establishments
- § 779.365 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.366 Recapping or retreading tires for sale.
- Commercial Stationers
- § 779.367 Commercial stationers may qualify as exempt 13(a)(2) establishments.
- § 779.368 Printing and engraving establishments not recognized as retail.
- Funeral Homes
- § 779.369 Funeral home establishments may qualify as exempt 13(a)(2) establishments.
- Cemeteries
- § 779.370 Cemeteries may qualify as exempt 13(a)(2) establishments.
- Automobile, Truck and Farm Implement Sales and Services, and Trailer, Boat and Aircraft Sales
- § 779.371 Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).
- § 779.372 Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).
- Other Establishments for Which Special Exceptions or Exemptions Are Provided
- § 779.381 Establishments within special exceptions or exemptions.
- Hotels and Motels
- § 779.382 May qualify as exempt 13(a)(2) establishments.
- § 779.383 “Hotel” and “motel” exemptions under section 13(b)(8).
- Motion Picture Theaters
- § 779.384 May qualify as exempt establishments.
- Seasonal Amusement or Recreational Establishments
- § 779.385 May qualify as exempt establishments.
- Restaurants and Establishments Providing Food And Beverage Service
- § 779.386 Restaurants may qualify as exempt 13(a)(2) establishments.
- § 779.387 “Restaurant” exemption under section 13(b) (8).
- § 779.388 Exemption provided for food or beverage service employees.
- Subpart E—Provisions Relating to Certain Employees of Retail or Service Establishments
- General Principles
- § 779.400 Purpose of subpart.
- Executive, Administrative, and Professional Employees and Outside Salesmen
- § 779.401 Statutory provision.
- § 779.402 “Executive” and “administrative” employees defined.
- § 779.403 Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
- § 779.404 Other section 13(a)(1) employees employed in covered enterprises.
- Students, Learners, and Handicapped Workers
- § 779.405 Statutory provisions.
- § 779.406 “Student-learners”.
- § 779.407 Learners other than “student-learners”.
- § 779.408 “Full-time students”.
- § 779.409 Handicapped workers.
- Employees Compensated Principally by Commissions
- § 779.410 Statutory provision.
- § 779.411 Employee of a “retail or service establishment”.
- § 779.412 Compensation requirements for overtime pay exemption under section 7(i).
- § 779.413 Methods of compensation of retail store employees.
- § 779.414 Types of employment in which this overtime pay exemption may apply.
- § 779.415 Computing employee's compensation for the representative period.
- § 779.416 What compensation “represents commissions.”
- § 779.417 The “representative period” for testing employee's compensation.
- § 779.418 Grace period for computing portion of compensation representing commissions.
- § 779.419 Dependence of the section 7(i) overtime pay exemption upon the level of the employee's “regular rate” of pay.
- § 779.420 Recordkeeping requirements.
- § 779.421 Basic rate for computing overtime compensation of nonexempt employees receiving commissions.
- Subpart F—Other Provisions Which May Affect Retail Enterprises
- General
- § 779.500 Purpose of subpart.
- Equal Pay Provisions
- § 779.501 Statutory provisions.
- Child Labor Provisions
- § 779.502 Statutory provisions; regulations in part 1500 of this title.
- § 779.503 The retailer and section 12(a).
- § 779.504 The retailer and section 12(c).
- § 779.505 “Oppressive child labor” defined.
- § 779.506 Sixteen-year minimum.
- § 779.507 Fourteen-year minimum.
- § 779.508 Eighteen-year minimum.
- Driver or Driver's Helper Making Local Deliveries
- § 779.509 Statutory provision.
- § 779.510 Conditions that must be met for section 13(b)(11) exemption.
- § 779.511 “Finding by Secretary.”
- Records to be Kept by Employers
- § 779.512 The recordkeeping regulations.
- § 779.513 Order and form of records.
- § 779.514 Period for preserving records.
- § 779.515 Regulations should be consulted.
Feedback