2003 CFR Title 29, Volume 3

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
	779.0	Purpose of interpretative bulletin.
	779.1	General scope of the Act.
	779.2	Previous and new coverage.
	779.3	Pay standards for employees subject to previous coverage of the Act.
	779.4	Pay standards for newly covered employment.
	779.5	Matters discussed in this part.
	779.6	Matters discussed in other interpretative bulletins.
	779.7	Significance of official interpretations.
	779.8	Basic support for interpretations.
	779.9	Reliance on interpretations.
	779.10	Interpretations made, continued, and superseded by this part.
	779.11	General statement.
	779.12	Commerce.
	779.13	Production.
	779.14	Goods.
	779.15	Sale and resale.
	779.16	State.
	779.17	Wage and wage payments to tipped employees.
	779.18	Regular rate.
	779.19	Employer, employee, and employ.
	779.20	Person.
	779.21	Enterprise.
	779.22	Enterprise engaged in commerce or in the production of goods for commerce.
	779.23	Establishment.
	779.24	Retail or service establishment.
	779.100	Basic coverage in general.
	779.101	Guiding principles for applying coverage and exemption provisions.
	779.102	Scope of this subpart.
	779.103	Employees ``engaged in commerce.''
	779.104	Employees ``engaged in the production of goods for commerce.''
	779.105	Employees engaged in activities ``closely related'' and ``directly essential'' to the production of goods for commerce.
	779.106	Employees employed by an independent employer.
	779.107	Goods defined.
	779.108	Goods produced for commerce.
	779.109	Amount of activities which constitute engaging in commerce or in the production of goods for commerce.
	779.110	Employees in retailing whose activities may bring them under the Act.
	779.111	Buyers and their assistants.
	779.112	Office employees.
	779.113	Warehouse and stock room employees.
	779.114	Transportation employees.
	779.115	Watchmen and guards.
	779.116	Custodial and maintenance employees.
	779.117	Salesmen and sales clerks.
	779.118	Employees providing central services for multi-unit organizations.
	779.119	Exempt occupations.
	779.200	Coverage expanded by 1961 and 1966 amendments.
	779.201	The place of the term ``enterprise'' in the Act.
	779.202	Basic concepts of definition.
	779.203	Distinction between ``enterprise,'' ``establishment,'' and ``employer.''
	779.204	Common types of ``enterprise.''
	779.205	Enterprise must consist of ``related activities.''
	779.206	What are ``related activities.''
	779.207	Related activities in retail operations.
	779.208	Auxiliary activities which are ``related activities.''
	779.209	Vertical activities which are ``related activities.''
	779.210	Other activities which may be part of the enterprise.
	779.211	Status of activities which are not ``related.''
	779.212	Enterprise must consist of related activities performed for a ``common business purpose.''
	779.213	What is a common business purpose.
	779.214	``Business'' purpose.
	779.215	General scope of terms.
	779.216	Statutory construction of the terms.
	779.217	``Unified operation'' defined.
	779.218	Methods to accomplish ``unified operation.''
	779.219	Unified operation may be achieved without common control or common ownership.
	779.220	Unified operation may exist as to separately owned or controlled activities which are related.
	779.221	``Common control'' defined.
	779.222	Ownership as factor.
	779.223	Control where ownership vested in individual or single organization.
	779.224	Common control in other cases.
	779.225	Leased departments.
	779.226	Exception for an independently owned retail or service establishment under certain franchise and other arrangements.
	779.227	Conditions which must be met for exception.
	779.228	Types of arrangements contemplated by exception.
	779.229	Other arrangements.
	779.230	Franchise and other arrangements.
	779.231	Franchise arrangements which do not create a larger enterprise.
	779.232	Franchise or other arrangements which create a larger enterprise.
	779.233	Independent contractors performing work ``for'' an enterprise.
	779.234	Establishments whose only regular employees are the owner or members of his immediate family.
	779.235	Other ``enterprises.''
	779.236	In general.
	779.237	Enterprise engaged in commerce or in the production of goods for commerce.
	779.238	Engagement in described activities determined on annual basis.
	779.239	Meaning of ``engaged in commerce or in the production of goods for commerce.''
	779.240	Employees ``handling *** or otherwise working on goods.''
	779.241	Selling.
	779.242	Goods that ``have been moved in'' commerce.
	779.243	Goods that have been ``produced for commerce by any person.''
	779.244	``Covered enterprises'' of interest to retailers of goods or services.
	779.245	Conditions for coverage of retail or service enterprises.
	779.246	Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.
	779.247	``Goods'' defined.
	779.248	Purchase or receive ``goods for resale.''
	779.249	Goods which move or have moved across State lines.
	779.250	Goods that have not lost their out-of-State identity.
	779.251	Goods that have lost their out-of-State identity.
	779.252	Not in deliveries from the reselling establishment.
	779.253	What is included in computing the total annual inflow volume.
	779.254	Summary of coverage and exemptions prior to and following the 1966 amendments.
	779.255	Meaning of ``gasoline service establishment.''
	779.256	Conditions for enterprise coverage of gasoline service establishments.
	779.257	Exemption applicable to gasoline service establishments under the prior Act.
	779.258	Sales made or business done.
	779.259	What is included in annual gross volume.
	779.260	Trade-in allowances.
	779.261	Statutory provision.
	779.262	Excise taxes at the retail level.
	779.263	Excise taxes not at the retail level.
	779.264	Excise taxes separately stated.
	779.265	Basis for making computations.
	779.266	Methods of computing annual volume of sales or business.
	779.267	Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.
	779.268	Grace period of 1 month for computation.
	779.269	Computations for a new business.
	779.300	Purpose of subpart.
	779.301	Statutory provisions.
	779.302	Exemptions depend on character of establishment.
	779.303	``Establishment'' defined; distinguished from ``enterprise'' and ``business.''
	779.304	Illustrations of a single establishment.
	779.305	Separate establishments on the same premises.
	779.306	Leased departments not separate establishments.
	779.307	Meaning and scope of ``employed by'' and ``employee of.''
	779.308	Employed within scope of exempt business.
	779.309	Employed ``in'' but not ``by.''
	779.310	Employees of employers operating multi-unit businesses.
	779.311	Employees working in more than one establishment of same employer.
	779.312	``Retail or service establishment'', defined in section 13(a)(2).
	779.313	Requirements summarized.
	779.314	``Goods'' and ``services'' defined.
	779.315	Traditional local retail or service establishments.
	779.316	Establishments outside ``retail concept'' not within statutory definition; lack first requirement.
	779.317	Partial list of establishments lacking ``retail concept.''
	779.318	Characteristics and examples of retail or service establishments.
	779.319	A retail or service establishment must be open to general public.
	779.320	Partial list of establishments whose sales or service may be recognized as retail.
	779.321	Inapplicability of ``retail concept'' to some types of sales or services of an eligible establishment.
	779.322	Second requirement for qualifying as a ``retail or service establishment.''
	779.323	Particular industry.
	779.324	Recognition ``in.''
	779.325	Functions of the Secretary and the courts.
	779.326	Sources of information.
	779.327	Wholesale sales.
	779.328	Retail and wholesale distinguished.
	779.329	Effect of type of customer and type of goods or services.
	779.330	Third requirement for qualifying as a ``retail or service establishment.''
	779.331	Meaning of sales ``for resale.''
	779.332	Resale of goods in an altered form or as parts or ingredients of other goods or services.
	779.333	Goods sold for use as raw materials in other products.
	779.334	Sales of services for resale.
	779.335	Sales of building materials for residential or farm building construction.
	779.336	Sales of building materials for commercial property construction.
	779.337	Requirements of exemption summarized.
	779.338	Effect of 1961 and 1966 amendments.
	779.339	More than 50 percent intrastate sales required.
	779.340	Out-of-State customers.
	779.341	Sales ``made within the State'' and ``engagement in commerce'' distinguished.
	779.342	Methods of computing annual volume of sales.
	779.343	Combinations of exemptions.
	779.345	Exemption provided in section 13(a)(4).
	779.346	Requirements for exemption summarized.
	779.347	Exemption limited to ``recognized retail establishment''; factories not exempt.
	779.348	Goods must be made at the establishment which sells them.
	779.349	The 85-percent requirement.
	779.350	The section 13(a)(4) exemption does not apply to service establishments.
	779.351	Exemption provided.
	779.352	Requirements for exemption.
	779.353	Basis for classification.
	779.354	Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.
	779.355	Classification of lumber and building materials sales.
	779.356	Application of exemptions to employees.
	779.357	May qualify as exempt 13(a)(2) establishments; classification of coal sales.
	779.358	May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
	779.359	May qualify as exempt 13(a)(2) establishments.
	779.360	Classification of liquefied-petroleum-gas sales.
	779.361	Classification of other fuel oil sales.
	779.362	May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
	779.363	May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
	779.364	May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
	779.365	May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
	779.366	Recapping or retreading tires for sale.
	779.367	Commercial stationers may qualify as exempt 13(a)(2) establishments.
	779.368	Printing and engraving establishments not recognized as retail.
	779.369	Funeral home establishments may qualify as exempt 13(a)(2) establishments.
	779.370	Cemeteries may qualify as exempt 13(a)(2) establishments.
	779.371	Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).
	779.372	Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).
	779.381	Establishments within special exceptions or exemptions.
	779.382	May qualify as exempt 13(a)(2) establishments.
	779.383	``Hotel'' and ``motel'' exemptions under section 13(b)(8).
	779.384	May qualify as exempt establishments.
	779.385	May qualify as exempt establishments.
	779.386	Restaurants may qualify as exempt 13(a)(2) establishments.
	779.387	``Restaurant'' exemption under section 13(b) (8).
	779.388	Exemption provided for food or beverage service employees.
	779.400	Purpose of subpart.
	779.401	Statutory provision.
	779.402	``Executive'' and ``administrative'' employees defined.
	779.403	Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
	779.404	Other section 13(a)(1) employees employed in covered enterprises.
	779.405	Statutory provisions.
	779.406	``Student-learners''.
	779.407	Learners other than ``student-learners''.
	779.408	``Full-time students''.
	779.409	Handicapped workers.
	779.410	Statutory provision.
	779.411	Employee of a ``retail or service establishment''.
	779.412	Compensation requirements for overtime pay exemption under section 7(i).
	779.413	Methods of compensation of retail store employees.
	779.414	Types of employment in which this overtime pay exemption may apply.
	779.415	Computing employee's compensation for the representative period.
	779.416	What compensation ``represents commissions.''
	779.417	The ``representative period'' for testing employee's compensation.
	779.418	Grace period for computing portion of compensation representing commissions.
	779.419	Dependence of the section 7(i) overtime pay exemption upon the level of the employee's ``regular rate'' of pay.
	779.420	Recordkeeping requirements.
	779.421	Basic rate for computing overtime compensation of nonexempt employees receiving commissions.
	779.500	Purpose of subpart.
	779.501	Statutory provisions.
	779.502	Statutory provisions; regulations in part 1500 of this title.
	779.503	The retailer and section 12(a).
	779.504	The retailer and section 12(c).
	779.505	``Oppressive child labor'' defined.
	779.506	Sixteen-year minimum.
	779.507	Fourteen-year minimum.
	779.508	Eighteen-year minimum.
	779.509	Statutory provision.
	779.510	Conditions that must be met for section 13(b)(11) exemption.
	779.511	``Finding by Secretary.''
	779.512	The recordkeeping regulations.
	779.513	Order and form of records.
	779.514	Period for preserving records.
	779.515	Regulations should be consulted.