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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 C  

Employment to Which the Act May Apply; Enterprise Coverage


29 CFR 779.216 - Statutory construction of the terms.

  • Section Number: 779.216
  • Section Name: Statutory construction of the terms.

    The terms ``unified operation'' and ``common control'' do not have a 
fixed legal or technical meaning. As used in the definition, these and 
other terms must be given an interpretation consistent with the 
Congressional intention to be ascertained from the context in which they 
are used, the legislation of which they form a part, and the legislative 
history. In extending coverage of the Act on an ``enterprise'' basis, 
the Congress intended, by the 1961 and 1966 amendments to cover, among 
others, business organizations and chain store systems which may perform 
their related activities through complex business arrangements or 
business structures, whether they perform their activities for a common 
business purpose through unified operation or through the retention or 
exercise of control. For these reasons, the definition of the term 
``enterprise'' is stated in broad general terms. This legislative intent 
is evidenced both by the statements in the Committee Reports and by the 
definition itself, particularly the broad references to the inclusion in 
the ``enterprise'' of ``all such activities'' whether performed ``in one 
or more establishments'' or ``by one or more corporate or other 
organizational units.'' When the Act was amended in 1966 the Congress 
further broadened coverage by redefining an enterprise engaged in 
commerce or in the production of goods for commerce in section 3(s). 
(See Sec. 779.22.) Where the Congress intended to exclude certain 
arrangements or activities from the ``enterprise'' it did so by specific 
provision under the prior and amended Act.
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