(a) The single establishment business. In the simplest type of
organization--the entire business ordinarily is one enterprise. The
entire business activity of the single owner-employer may be performed
in one establishment, as in the typical independently owned and
controlled retail store. In that case the establishment and the
enterprise are one and the same. All of the activities
of the store are ``related'' and are performed for a single business
purpose and there is both unified operation and common control. The
entire business is the unit for applying the statutory tests. If the
coverage tests are met, all of the employees employed by the
establishment are employed in the enterprise and will be entitled to the
benefits of the Act unless otherwise exempt.
(b) The multiunit business. In many cases, as in the typical chain
of retail stores, one company conducts its single business in a number
of establishments. All of the activities ordinarily are related and
performed for one business purpose, the single company which owns the
chain also controls the entire business, and the entire business is a
single enterprise. The dollar volume of the entire business from all of
its establishments is added together to determine whether the requisite
dollar volume tests are met. If the coverage tests are met, all of the
employees employed in the business will be entitled to the benefits of
the Act unless otherwise exempt.
(c) Complex business organizations. In complex retail and service
organizations, questions may arise as to whether certain activities are
a part of a particular enterprise. In some cases one employer may
operate several separate enterprises; in others, several employers may
conduct their business activities in such a manner that they are part of
a single enterprise. The answer, in each case, as to whether or not the
``enterprise'' includes certain activities will depend upon whether the
particular activities are ``related'' to the business purpose of such
enterprise and whether they are performed with its other activities
through ``unified operation'' or ``common control,'' or whether, on the
other hand, they are performed for a separate and distinct business
purpose. As the Senate Report states,
related activities conducted by separate business entities will be
considered a part of the same enterprise where they are joined either
through unified operation or common control into a unified business
system or economic unit to serve a common business purpose.
(S. Rept. 145, 87th Cong., 1st Sess., p. 41; see also H. Rept. 1366,
89th Cong., 2d Sess., p. 9.) Secs. 779.205 through 779.211 discuss the
terms of the definition and may aid in making these determinations.
