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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 779.336 - Sales of building materials for commercial property construction.

  • Section Number: 779.336
  • Section Name: Sales of building materials for commercial property construction.

    Sales of building materials to a contractor or speculative builder 
for the construction, maintenance or repair of commercial property or 
any other property not excepted in section 3(n) of the Act, as explained 
above, will be considered as sales for resale. (See Secs. 779.332 and 
779.335.) Some employers who are dealers in building materials are also 
engaged in the business of building contractors or speculative builders. 
Building materials for the carrying on of the employer's contracting or 
speculative building business often are supplied by the employer himself 
from or through his building materials establishment. In the analysis of 
the sales of the building materials establishment for the purpose of 
determining the qualification of such establishment as a ``retail or 
service establishment'' all transfers of stock made by the employer from 
or through his building materials establishment to his building business 
for the construction, maintenance or repair of commercial property or 
any other property not excepted in section 3 (n) of the Act will be 
considered as sales made by such establishment for resale.
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