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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

• Section Number: 779.246
• Section Name: Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.

    To come within the scope of section 3(s)(1) of the prior Act, the 
enterprise, in addition to the other conditions, must purchase or 
receive 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. To meet this condition, it must be 
shown that (a) the enterprise purchases or receives goods for resale 
(Sec. 779.248), (b) that such goods move or have moved across State 
lines (Sec. 779.249), and (c) that such purchases and receipts amount in 
total annual volume to $250,000 or more (Sec. 779.253). Enterprises 
which do not meet this test may be covered under section 3(s)(1) of the 
present Act, which contains no interstate inflow requirement.