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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 779.213 - What is a common business purpose.

  • Section Number: 779.213
  • Section Name: What is a common business purpose.

    Generally, the term ``common business purpose'' will encompass 
activities whether performed by one person or by more than one person, 
or corporation, or other business organization, which are directed to 
the same business objective or to similar objectives in
which the group has an interest. The scope of the term ``enterprise'' 
encompasses a single business entity as well as a unified business 
system which performs related activities for a common business purpose. 
What is a ``common business purpose'' in any particular case involves a 
practical judgment based on the facts in the light of the statutory 
provisions and the legislative intent. The answer ordinarily will be 
readily apparent from the facts. The facts may show that the activities 
are related to a single business objective or that they are so operated 
or controlled as to form a part of a unified business system which is 
directed to a single business objective. In such cases, it will follow 
that they are performed for a common business purpose. Where, however, 
the facts show that the activities are not performed as a part of such 
enterprise but for an entirely separate and unrelated business, they 
will be considered performed for a different business purpose and will 
not be a part of that enterprise. The application of these principles is 
considered in more detail in part 776 of this chapter.
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