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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 779.339 - More than 50 percent intrastate sales required.

  • Section Number: 779.339
  • Section Name: More than 50 percent intrastate sales required.

    The first test specified in section 13 (a)(2) is that more than 50 
percent of the sales of goods or of services (or of both) of a ``retail 
or service establishment'' (Measured by annual dollar volume) must be 
made ``within the State in which the establishment is located''. This 
limitation means that such establishment must be primarily engaged (more 
than 50 percent) in selling to or serving customers within its State. If 
the establishment is engaged to the extent of 50 percent or more in 
selling to or serving customers outside the State of its location, the 
requirement is not met and the establishment cannot qualify for 
exemption.
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