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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 779.224 - Common control in other cases.

  • Section Number: 779.224
  • Section Name: Common control in other cases.

    (a) As stated in Sec. 779.215 ``common control'' may exist with or 
without ownership. The actual control of the performance of the related 
activities is sufficient to establish the ``control'' referred to in the 
definition. In some cases an owner may actually relinquish his control 
to another, or by agreement or other arrangement, he may so restrict his 
right to exercise control as to abandon the control or to share the
control of his business activities with other persons or corporations. 
In such a case, the activities may be performed under ``common 
control.'' In other cases, the power to control may be reserved through 
agreement or arrangement between the parties so as to vest the control 
of the activities of one business in the hands of another.
    (b) Activities are considered to be performed under ``common 
control'' even if, because of the particular methods of operation, the 
power to control is only seldom used, as where the business has been in 
operation for a long time without change in methods of operation and 
practically no actual direction is necessary; also common control may 
exist where the control, although rarely visibly exercised, is evidenced 
by the fact that mere suggestions are adopted readily by the business 
being controlled.
    (c) In the retail industry, particularly, there are many instances 
where, for business reasons, related activities performed by separate 
companies are so unified or controlled as to constitute a single 
enterprise. A common example, specifically named in the definition, is 
the leased department. This and other examples are discussed in 
Secs. 779.225 through 779.235.
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