skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

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 779.249 - Goods which move or have moved across State lines.

  • Section Number: 779.249
  • Section Name: Goods which move or have moved across State lines.

    In order to be included in the annual dollar volume for purposes of 
this test, the goods which the enterprise purchases or receives for 
resale must be goods that ``move or have moved across the State lines.'' 
Goods which have not moved across State lines before they are resold by 
the enterprise will not be included. The movement to which the phrase 
``move or have moved'' has reference is that movement which the goods 
follow in their journey to the enterprise or within the enterprise to 
the establishment which sells the goods. Thus, if goods have moved 
across State lines at some stage in the flow of trade before they are 
actually sold by the enterprise, they will be considered to have moved 
across State lines. It is not material that the goods may have ``come to 
rest'' at some time before they are purchased or received and sold by 
the enterprise; nor is it material that some time may have elapsed 
between the time the goods have moved across State lines and the time 
they are purchased or received and sold by the enterprise. It is 
sufficient if at any time such goods have moved across State lines in 
the ordinary course of trade before resale by the enterprise. Much of 
the goods purchased by retailers are produced from a local intrastate 
supplier. In many instances these goods may have been stored at the 
supplier's establishment for some time.
However, as long as the particular goods purchased have moved across 
State lines at some stage in the flow of trade to the retailer, they 
would have to be included in determining whether or not the enterprise 
has purchased or received for resale such out-of-State goods amounting 
to $250,000.
Previous Section

Next Section



Phone Numbers