skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

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 779.329 - Effect of type of customer and type of goods or services.

  • Section Number: 779.329
  • Section Name: Effect of type of customer and type of goods or services.

    In some industries the type of goods or services sold or the type of 
purchaser of goods or services are determining factors in whether a sale 
or service is recognized as retail in the particular industry. In other 
industries a sale or service may be recognized as retail regardless of 
the type of goods or services sold or the type of customer. Where a sale 
is recognized as retail regardless of the type of customer, its 
character as such will not be affected by the character of the customer, 
with reference to whether he is a private individual or a business 
concern, or by the use the purchaser makes of the purchased commodity. 
For example, if the sale of a single automobile to anyone for any 
purpose is recognized as a retail sale in the industry, it will be 
considered as a retail sale for purposes of the exemption whether the 
customer be a private individual or an industrial concern or whether the 
automobile is used by the purchaser for pleasure purposes or for 
business purposes. If a sale of a particular quantity of coal is 
recognized in the industry as a retail sale, its character as such will 
not be affected by the fact that it is sold for the purpose of heating 
an office building as distinguished from a private dwelling. If the 
repair of a wash basin is recognized in the industry as a retail 
service, its character as such will not be affected by the fact that it 
is a wash basin in a factory building as distinguished from a wash basin 
in a private dwelling house. It must be remembered that these principles 
apply only to those sales of goods or services which have a retail 
concept, that is, where the subject matter is ``retailable.'' See 
Sec. 779.321. The ``industry-recognition'' question as to whether such 
sales are recognized as retail in the industry has no relevancy if in 
fact the goods and services sold are not of a ``retailable'' character, 
as previously explained. If the subject of the sale does not come within 
the concept of retailable items contemplated by the statute, there can 
be no recognition in any industry of
the sale of the goods or services as retail, for purposes of the Act, 
even though the nomenclature used by the industry members may put a 
retail label on the transaction. (See Wirtz v. Steepleton General Tire 
Co., 383 U.S. 190; Mitchell v. Kentucky Finance Co., 359 U.S. 290.)
Previous Section

Next Section



Phone Numbers