(a) Retail or service enterprises may be covered under section
3(s)(1) of the prior Act or section 3(s)(1) of the amended Act although
the latter is not limited to retail or service enterprises. A retail or
service enterprise will be a covered enterprise under section 3(s)(1) of
the amended Act if both the following conditions are met:
(1) The enterprise is ``an enterprise engaged in commerce or in the
production of goods for commerce.'' This requirement, which is discussed
in Secs. 779.237 through 779.243, applies to all covered enterprises
under the provisions of both the prior and the amended Act; and,
(2) During the period February 1, 1967, through January 31, 1969,
the enterprise has an annual gross volume of sales made or business
done, exclusive of excise taxes at the retail level which are separately
stated, of at least $500,000; or on and after February 1, 1969, the
enterprise has an annual gross volume of sales made or business done of
at least $250,000, exclusive of excise taxes at the retail level which
are separately stated.
(b) A retail or service enterprise will be covered under section
3(s)(1) of the Act prior to the amendments if all four of the following
conditions are met:
(1) The enterprise is ``an enterprise engaged in commerce or in the
production of goods for commerce'' as explained above in paragraph
(a)(1) of this section and,
(2) The enterprise has one or more ``retail or service
establishments'' (the statutory definition of the term ``retail or
service establishment'' is contained in Sec. 779.24 and discussed in
subpart D of this part) and,
(3) The enterprise has an annual gross volume of sales of $1 million
or more, exclusive of excise taxes at the retail level which are
separately stated and,
(4) The enterprise ``purchases or receives goods for resale that
move or have moved across State lines (not in deliveries from the
reselling establishment) which amount in total annual volume to $250,000
or more.'' (This requirement is discussed in Secs. 779.246 through
779.253.)
(c) Sections 779.258 through 779.260 discuss the meaning of ``annual
gross volume of sales made or business done'' and Secs. 779.261 through
779.264 discuss what excise taxes may be excluded from the annual gross
volume. Sections 779.265 through 779.269 discuss the method of computing
the annual gross volume where it is necessary to determine monetary
obligations to employees under the Act.
