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

Previous Subpart

Content Last Revised:
---DISCLAIMER---

Next Subpart

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

Sec.

Name

779.300 

Purpose of subpart. General Principles

779.301 

Statutory provisions.

779.302 

Exemptions depend on character of establishment.

779.303 

``Establishment'' defined; distinguished from ``enterprise'' and ``business.''

779.304 

Illustrations of a single establishment.

779.305 

Separate establishments on the same premises.

779.306 

Leased departments not separate establishments.

779.307 

Meaning and scope of ``employed by'' and ``employee of.''

779.308 

Employed within scope of exempt business.

779.309 

Employed ``in'' but not ``by.''

779.310 

Employees of employers operating multi-unit businesses.

779.311 

Employees working in more than one establishment of same employer.

779.312 

``Retail or service establishment'', defined in section 13(a)(2).

779.313 

Requirements summarized.

779.314 

``Goods'' and ``services'' defined.

779.315 

Traditional local retail or service establishments.

779.316 

Establishments outside ``retail concept'' not within statutory definition; lack first requirement.

779.317 

Partial list of establishments lacking ``retail concept.''

779.318 

Characteristics and examples of retail or service establishments.

779.319 

A retail or service establishment must be open to general public.

779.320 

Partial list of establishments whose sales or service may be recognized as retail.

779.321 

Inapplicability of ``retail concept'' to some types of sales or services of an eligible establishment.

779.322 

Second requirement for qualifying as a ``retail or service establishment.''

779.323 

Particular industry.

779.324 

Recognition ``in.''

779.325 

Functions of the Secretary and the courts.

779.326 

Sources of information.

779.327 

Wholesale sales.

779.328 

Retail and wholesale distinguished.

779.329 

Effect of type of customer and type of goods or services.

779.330 

Third requirement for qualifying as a ``retail or service establishment.''

779.331 

Meaning of sales ``for resale.''

779.332 

Resale of goods in an altered form or as parts or ingredients of other goods or services.

779.333 

Goods sold for use as raw materials in other products.

779.334 

Sales of services for resale.

779.335 

Sales of building materials for residential or farm building construction.

779.336 

Sales of building materials for commercial property construction.

779.337 

Requirements of exemption summarized.

779.338 

Effect of 1961 and 1966 amendments.

779.339 

More than 50 percent intrastate sales required.

779.340 

Out-of-State customers.

779.341 

Sales ``made within the State'' and ``engagement in commerce'' distinguished.

779.342 

Methods of computing annual volume of sales.

779.343 

Combinations of exemptions.

779.345 

Exemption provided in section 13(a)(4).

779.346 

Requirements for exemption summarized.

779.347 

Exemption limited to ``recognized retail establishment''; factories not exempt.

779.348 

Goods must be made at the establishment which sells them.

779.349 

The 85-percent requirement.

779.350 

The section 13(a)(4) exemption does not apply to service establishments.

779.351 

Exemption provided.

779.352 

Requirements for exemption.

779.353 

Basis for classification.

779.354 

Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.

779.355 

Classification of lumber and building materials sales.

779.356 

Application of exemptions to employees.

779.357 

May qualify as exempt 13(a)(2) establishments; classification of coal sales.

779.358 

May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

779.359 

May qualify as exempt 13(a)(2) establishments.

779.360 

Classification of liquefied-petroleum-gas sales.

779.361 

Classification of other fuel oil sales.

779.362 

May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

779.363 

May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

779.364 

May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

779.365 

May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

779.366 

Recapping or retreading tires for sale.

779.367 

Commercial stationers may qualify as exempt 13(a)(2) establishments.

779.368 

Printing and engraving establishments not recognized as retail.

779.369 

Funeral home establishments may qualify as exempt 13(a)(2) establishments.

779.370 

Cemeteries may qualify as exempt 13(a)(2) establishments.

779.371 

Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).

779.372 

Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).

779.381 

Establishments within special exceptions or exemptions.

779.382 

May qualify as exempt 13(a)(2) establishments.

779.383 

``Hotel'' and ``motel'' exemptions under section 13(b)(8).

779.384 

May qualify as exempt establishments.

779.385 

May qualify as exempt establishments.

779.386 

Restaurants may qualify as exempt 13(a)(2) establishments.

779.387 

``Restaurant'' exemption under section 13(b) (8).

779.388 

Exemption provided for food or beverage service employees.

Previous Subpart

Next Subpart



Phone Numbers