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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 D  

Exemptions for Certain Retail or Service Establishments


29 CFR 779.303 - ``Establishment'' defined; distinguished from ``enterprise'' and ``business.''

  • Section Number: 779.303
  • Section Name: ``Establishment'' defined; distinguished from ``enterprise'' and ``business.''

    As previously stated in Sec. 779.23, the term establishment as used 
in the Act means a distinct physical place of business. The 
``enterprise,'' by reason of the definition contained in section 3(r) of 
the Act and the tests enumerated in section 3(s) of the Act, may be 
composed of a single establishment. The term ``establishment,'' however, 
is not synonymous with the words ``business'' or ``enterprise'' when 
those terms are used to describe multiunit operations. In such a 
multiunit operation some of the establishments may qualify for 
exemption, others may not. For example, a manufacturer may operate a 
plant for production of its goods, a separate warehouse for storage and 
distribution, and several stores from which its products are sold. Each 
such physically separate place of business is a separate establishment. 
In the case of chain store systems, branch stores, groups of independent 
stores organized to carry on business in a manner similar to chain store 
systems, and retail outlets operated by manufacturing or distributing 
concerns, each separate place of business ordinarily is a separate 
establishment.
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