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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 779.252 - Not in deliveries from the reselling establishment.

  • Section Number: 779.252
  • Section Name: Not in deliveries from the reselling establishment.

    Goods which move across State lines only in the course of deliveries 
from the reselling establishment of the enterprise are not included as 
goods which ``move or have moved across State lines.'' Thus, goods 
delivered by the enterprise to its customers outside of the State are 
not, for that reason, considered goods which ``move or have moved across 
State lines.'' The purpose of the provision excepting ``deliveries from 
the reselling establishment'' is to limit the test to goods which flow 
into the enterprise and to exclude those goods which only cross State 
lines when they flow out of the enterprise as an incident of the sale of 
such goods by the enterprise. In other words, this is an inflow test and 
not an outflow test.
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