Except as otherwise provided in specific exemptions, the minimum
wage, maximum hours, overtime pay, equal pay, and child labor provisions
of the Act have applied and continue to apply subsequent to the 1966
amendments to employees who are individually engaged in interstate
commerce or in the
production of goods for such commerce as these terms are defined in the
Act and to employees in certain enterprises described in the amended
section 3(s) which were covered under section 3(s) of the Act prior to
the amendments. Through the broadening of the definition of a covered
enterprise the Act's coverage was extended to additional employees
because of their employment in certain enterprises beginning February 1,
1967, and in certain other enterprises beginning February 1, 1969. Such
covered enterprises are described in section 3(s) as enterprises engaged
in commerce or in the production of goods for commerce and further
described in sections 3(s) (1) through (4) of the amended Act. A
detailed discussion of the coverage of employees in those enterprises
covered under the prior and amended Act of interest to the retail
industry is contained in subpart C of this part. The employer must
comply with the minimum wage and overtime requirements of the Act with
respect to all employees who are covered either because they are
individually engaged in interstate or foreign commerce or in the
production of goods for such commerce, or because of their employment in
an enterprise covered under the prior or amended enterprise definition
of the Act, except those who may be denied one or both of these benefits
by virtue of some specific exemption provision of the Act. Of special
interest to the retailer in a covered enterprise is the exemption from
the minimum wage and overtime provisions for certain small retail or
service establishments of such enterprise. This exemption is applicable
under the conditions and subject to exceptions stated in section 13(a)
(2) of the Act to any retail or service establishment which has an
annual dollar volume of sales of less than $250,000 (exclusive of
certain excise taxes) even if the establishment is a part of an
enterprise that is covered by the Act. This exemption and other
exemptions of particular interest to retailers and their employees are
discussed in subparts D and E of this part. The child labor provisions
as they apply to retail or service businesses are discussed in subpart F
of this part.
