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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 779.248 - Purchase or receive ``goods for resale.''

  • Section Number: 779.248
  • Section Name: Purchase or receive ``goods for resale.''

    (a) Goods will be considered purchased or received ``for resale'' 
for purposes of the inflow test contained in section 3(s)(1) of the 
prior Act if they are purchased or received with the intention of being 
resold. This includes goods, such as stock in trade which is purchased 
or received by the enterprise for resale in the ordinary course of 
business. It does not include machinery, equipment, supplies, and other 
goods which the enterprise purchases to use in conducting its business. 
This is true even if such capital goods or other equipment, which the 
enterprise originally purchased for use in conducting its business, are 
at some later date actually resold. The distinction is to be found in 
whether the goods are purchased or received by the enterprise with the 
intention of reselling them in the same form or after further processing 
or manufacturing, or whether they are purchased with the intent of being 
consumed or used by the enterprise itself in the performance of its 
activities.
    (b) Goods, such as raw materials or ingredients, are considered 
purchased or received by the enterprise ``for resale,'' even if such 
goods are purchased or received for the purpose of being processed or 
used as parts or ingredients in the manufacture of other goods which the 
enterprise intends to sell. For example, where the enterprise purchases 
flour for use in baking bread or pastries for sale, the goods will be 
considered to have been purchased ``for resale.'' It is immaterial 
whether the goods will be resold by the enterprise at retail or at 
wholesale.
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