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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 779.265 - Basis for making computations.

  • Section Number: 779.265
  • Section Name: Basis for making computations.

    The annual gross dollar volume of sales made or business done of an 
enterprise or establishment consists of the gross receipts from all of 
its sales or its volume of business done during a 12-month period. Where 
a computation of the annual gross volume is necessary to determine 
monetary obligations to employees under the Act whether in an enterprise 
which has one or more retail or service establishments, or in any 
establishment in such enterprise, or in any gasoline service 
establishment, it must be based on the most recent prior experience 
which it is practicable to use. This was recognized in the Congress when 
the legislation was under consideration. (S. Rept. No. 145, 87th Cong., 
first session, p. 38 discusses in
detail the calculation of the annual gross volume.) When gross receipts 
of an enterprise show that the annual dollar volume of sales made or 
business done meets the statutory tests for coverage and nonexemption, 
the employer must comply with the Act's monetary provisions from that 
time on or until such time as the tests are not met. (See Sec. 779.266.)
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