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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 779.221 - ``Common control'' defined.

  • Section Number: 779.221
  • Section Name: ``Common control'' defined.

    Under the definition the ``enterprise'' includes all related 
activities performed through ``common control'' for a common business 
purpose. The word ``control'' may be defined as the act of fact of 
controlling; power or authority to control; directing or restraining 
domination. ``Control'' thus includes the power or authority to control. 
In relation to the performance of the described activities, the 
``control,'' referred to in the definition in section
3(r) includes the power to direct, restrict, regulate, govern, or 
administer the performance of the activities. ``Common'' control 
includes the sharing of control and it is not limited to sole control or 
complete control by one person or corporation. ``Common'' control 
therefore exists where the performance of the described activities are 
controlled by one person or by a number of persons, corporations, or 
other organizational units acting together. This is clearly supported by 
the definition which specifically includes in the ``enterprise'' all 
such activities whether performed by ``one or more corporate or other 
organizational units.'' The meaning of ``common control'' is discussed 
comprehensively in part 776 of this chapter.
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