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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

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 C  

Employment to Which the Act May Apply; Enterprise Coverage


29 CFR 779.219 - Unified operation may be achieved without common control or common ownership.

  • Section Number: 779.219
  • Section Name: Unified operation may be achieved without common control or common ownership.

    The performance of related activities through ``unified operation'' 
to serve a common business purpose may be achieved without common 
control and without common ownership. In particular cases ownership or 
control of the related activities may be factors to be considered, along 
with all facts and circumstances, in determining whether the activities 
are performed through ``unified operation.'' It is clear from the 
definition that if the described activities are performed through 
unified operation they will be part of the enterprise whether they are 
performed by one company or by more than one corporate or other 
organizational unit. The term ``unified operation'' has reference 
particularly to enterprises composed of a number of separate companies 
as is clear in the quotation from the Senate Report in Sec. 779.215. 
Where the related activities are performed by a single company, or under 
other single ownership, they will ordinarily be performed through 
``common control,'' and the question of whether they are also performed 
through unified operation will not need to be decided. (Wirtz v. Barnes 
Grocer Co., 398 F. 2d 718 (C.A. 8).)
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