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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 779.304 - Illustrations of a single establishment.

  • Section Number: 779.304
  • Section Name: Illustrations of a single establishment.

    (a) The unit store ordinarily will constitute the establishment 
contemplated by the exemptions. The mere fact that a store is 
departmentalized will not alter the rule. For example, the typical large 
department store carries a wide variety of lines which ordinarily are 
segregated or departmentalized not only as to location within the store, 
but also as to operation and records. Where such departments are 
operated as integral parts of a unit, the departmentalized unit taken as 
a whole ordinarily will be considered to be the establishment 
contemplated by the exemptions, even if there is diversity of ownership 
of some of the departments, such as leased departments.
    (b) Some stores, such as bakery or tailor shops, may produce goods 
in a back room and sell them in the adjoining front room. In such cases 
if there is unity of ownership and if the back
room and the front room are operated by the employer as a single store, 
the entire premises ordinarily will be considered to be a single 
establishment for purposes of the tests of the exemption, 
notwithstanding the fact that the two functions of making and selling 
the goods, are separated by a partition or a wall. (See H. Mgrs. St., 
1949, p. 27.)
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