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Code of Federal Regulations Pertaining to ESA

Title 29  



Chapter V  

Wage and Hour Division, Department of Labor



Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services




Subpart D  

Exemptions for Certain Retail or Service Establishments

29 CFR 779.385 - May qualify as exempt establishments.

  • Section Number: 779.385
  • Section Name: May qualify as exempt establishments.

    An amusement or recreational establishment operating on a seasonal 
basis may qualify as an exempt establishment under section 13(a)(3) of 
the Act, added by the 1966 amendments, even if it does not meet all the 
requirements of the 13(a)(2) exemption. Section 13(a)(3) exempts from 
the minimum wage and overtime pay requirements of the Act ``any employee 
employed by an establishment which is an amusement or recreational 
establishment, if (a) it does not operate for more than seven months in 
any calendar year or (b) during the preceding calendar year, its average 
receipts for any 6 months of the year were not more than 33 1/3 
percentum of its average receipts for the other 6 months of such year''. 
``Amusement or recreational establishments'' as used in section 13(a)(3) 
are establishments frequented by the public for its amusement or 
recreation and which are open for 7 months or less a year or which meet 
the seasonal receipts test provided in clause (B) of the exemption. 
Typical examples of such are the concessionaires at amusement parks and 
beaches. (S. Rept. 145, 87th Cong., first session, p. 28; H. Rept. 75, 
87th Cong., 1st Sess., p. 10.)
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