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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 779.308 - Employed within scope of exempt business.

  • Section Number: 779.308
  • Section Name: Employed within scope of exempt business.

    In order to meet the requirement of actual employment ``by'' the 
establishment, an employee, whether performing his duties inside or 
outside the establishment, must be employed by his employer in the work 
of the exempt establishment itself in activities within the scope of its 
exempt business. (See Davis v. Goodman Lumber Co., 133 F. 2d 52 (CA-4) 
(holding section 13(a)(2) exemption inapplicable to employees working in 
manufacturing phase of employer's retail establishment); Wessling v. 
Carroll Gas Co., 266 F. Supp. 795 (N.D. Iowa); Oliveira v. Basteiro, 18 
WH Cases 668 (S.D. Texas). See also, Northwest Airlines v. Jackson, 185 
F. 2d 74 (CA-8); Walling v. Connecticut Co., 154 F. 2d 522 (CA-2) 
certiorari denied, 329 U.S. 667; and Wabash Radio Corp. v. Walling, 162 
F. 2d 391 (CA-6).)
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