Activities which are not related even if performed by the same
employer are not included as a part of the enterprise. The receipts from
the unrelated activities will not be counted toward the annual dollar
volume of sales or business under section 3(s) and the employees
performing such unrelated activities will not be covered merely because
they work for the same employer. Common ownership standing alone does
not bring unrelated activities within the scope of the same enterprise.
If, for example, one individual owns or controls a bank, a filing
station, and a factory, the mere fact of common ownership will not make
them one enterprise. However, if it appears that there is a reasonable
relationship of all the activities to a single business purpose a
different conclusion might be warranted. Activities which are not
``related'' will be treated separately for purposes of the tests
contained in section 3(s)(1) through (5) of the prior Act and section
3(s)(1) through (4) of the amended Act. For example, in the case where a
single company operates retail grocery stores and also engages in an
unrelated business of constructing homes, one ``enterprise'' for
purposes of section 3(s)(1) of both the prior and the amended Act will
consist of the retail grocery stores and any activities related to them,
and home construction activities will constitute a separate enterprise.
The latter will not be included in determining whether the retail
business enterprise meets the conditions of section 3(s)(1), and the
construction employees will not be covered merely because the retail
business is covered. The construction business will be considered
separately under section 3(s)(4) of the poor Act and section 3(s)(3) of
the amended Act.
