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FEDERAL · 29 CFR

Part 779 — The Fair Labor Standards Act as Applied to Retailers of Goods or Services

233 sections · Title 29: Labor

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§ 779.10Interpretations made, continued, and superseded by this part.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