Some exemptions depend on the character of the establishment by
which an employee is employed. These include the ``retail or service
establishment'' exemptions in sections 13(a) (2), (4), and (11) and the
exemptions available to the establishments of the character specified in
sections 13(a) (3), (9), and 13(b)(8) (first part). Therefore, if the
establishment meets the tests enumerated in these sections, employees
``employed by'' that establishment are generally exempt from sections 6
and 7. (See Secs. 779.307 to 779.309 discussing ``employed by.'') Other
exemptions establish two criteria, the character of the establishment
and the nature of the conditions of the employment of the particular
employee. Such exemptions are set forth in section 13(b)(8) (second
part), and section 13(b)(18) and (19). To determine whether the
exemptions of these sections apply it is necessary to determine both
that the establishment meets the enumerated tests and that the employee
is engaged in the enumerated activities or employed under the conditions
specified. Thus, under section 13(b)(18) some of the employees of a
given employer may be exempt from the overtime pay requirements (but not
the minimum wage) of the Act, while others may not.
