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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 779.234 - Establishments whose only regular employees are the owner or members of his immediate family.

  • Section Number: 779.234
  • Section Name: Establishments whose only regular employees are the owner or members of his immediate family.

    Section 3(s) provides that any ``establishment which has as its only 
regular employees the owner thereof or the parent, spouse, child, or 
other member of the immediate family of such owner'' shall not be 
considered to be an ``enterprise'' as described in section 3(r) or a 
part of any other enterprise. Further the sales of such establishment 
are not included for the purpose of determining the annual gross volume 
of sales of any enterprise for the purpose of section 3(s). The term 
``other member of the immediate family of such owner'' is considered to 
include relationships such as brother, sister, grandchildren, 
grandparents, and in-laws but not distant relatives from separate 
households. The 1966 amendments extended the exception to include family 
operated establishments which only employ persons other than members of 
the immediate family infrequently, irregularly, and sporadically. (See 
general discussion in part 776 of this chapter.)
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