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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 D  

Exemptions for Certain Retail or Service Establishments


29 CFR 779.319 - A retail or service establishment must be open to general public.

  • Section Number: 779.319
  • Section Name: A retail or service establishment must be open to general public.

    The location of the retail or service establishment, whether in an 
industrial plant, an office building, a railroad depot, or a government 
park, etc., will make no difference in the application of the exemption 
and such an establishment will be exempt if it meets the tests of the 
exemption. Generally, however, an establishment, wherever located, will 
not be considered a retail or service establishment within the meaning 
of the Act, if it is not ordinarily available to the general consuming 
public. An establishment, however, does not have to be actually 
frequented by the general public in the sense that the public must 
actually visit it and make purchases of goods or services on the 
premises in order to be considered as available and open to the general 
public. A refrigerator repair service shop, for example, is available 
and open to the general public even if it receives all its orders on the 
telephone and performs all of its repair services on the premises of its 
customers.
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