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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 779.212 - Enterprise must consist of related activities performed for a ``common business purpose.''

  • Section Number: 779.212
  • Section Name: Enterprise must consist of related activities performed for a ``common business purpose.''

    The related activities described in section 3(r) as included in the 
statutory enterprise are those performed for a ``common business 
purpose.'' (See the comprehensive discussion in 29 CFR part 776.) The 
term ``common business purpose'' as used in the definition does not have 
a narrow concept and is not intended to be limited to a single business 
establishment or a single type of business. As pointed out above, 
retailing, wholesaling and manufacturing may, under certain 
circumstances be engaged in for a ``common business purpose.'' (See 
Sec. 779.209.) An example was also cited where retailing and 
construction were performed for a common business purpose. (See 
Sec. 779.206.) On the other hand, it is clear that even a single 
individual or corporation may perform activities for different business 
purposes. (See Sec. 779.211.) Thus the reports of the House of 
Representatives cite, as an example of this, the case of a single 
company which owns several retail apparel stores and is also engaged in 
the lumbering business. It concludes that these activities are not part 
of a single enterprise. (H. Rept. 75, 87th Cong.,1st Sess., p. 7 and H. 
Rept. 1366, 89th Cong. 2d Sess., p. 9.)
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