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
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| 779.0 |
Purpose of interpretative bulletin. |
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| 779.1 |
General scope of the Act. |
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| 779.2 |
Previous and new coverage. |
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| 779.3 |
Pay standards for employees subject to previous coverage of the Act. |
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| 779.4 |
Pay standards for newly covered employment. |
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| 779.5 |
Matters discussed in this part. |
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| 779.6 |
Matters discussed in other interpretative bulletins. |
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| 779.7 |
Significance of official interpretations. |
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| 779.8 |
Basic support for interpretations. |
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| 779.9 |
Reliance on interpretations. |
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| 779.10 |
Interpretations made, continued, and superseded by this part. |
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| 779.11 |
General statement. |
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| 779.12 |
Commerce. |
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| 779.13 |
Production. |
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| 779.14 |
Goods. |
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| 779.15 |
Sale and resale. |
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| 779.16 |
State. |
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| 779.17 |
Wage and wage payments to tipped employees. |
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| 779.18 |
Regular rate. |
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| 779.19 |
Employer, employee, and employ. |
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| 779.20 |
Person. |
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| 779.21 |
Enterprise. |
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| 779.22 |
Enterprise engaged in commerce or in the production of goods for commerce. |
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| 779.23 |
Establishment. |
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| 779.24 |
Retail or service establishment. |
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| 779.100 |
Basic coverage in general. |
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| 779.101 |
Guiding principles for applying coverage and exemption provisions. |
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| 779.102 |
Scope of this subpart. |
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| 779.103 |
Employees ``engaged in commerce.'' |
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| 779.104 |
Employees ``engaged in the production of goods for commerce.'' |
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| 779.105 |
Employees engaged in activities ``closely related'' and ``directly essential'' to the production of goods for commerce. |
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| 779.106 |
Employees employed by an independent employer. |
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| 779.107 |
Goods defined. |
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| 779.108 |
Goods produced for commerce. |
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| 779.109 |
Amount of activities which constitute engaging in commerce or in the production of goods for commerce. |
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| 779.110 |
Employees in retailing whose activities may bring them under the Act. |
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| 779.111 |
Buyers and their assistants. |
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| 779.112 |
Office employees. |
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| 779.113 |
Warehouse and stock room employees. |
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| 779.114 |
Transportation employees. |
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| 779.115 |
Watchmen and guards. |
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| 779.116 |
Custodial and maintenance employees. |
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| 779.117 |
Salesmen and sales clerks. |
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| 779.118 |
Employees providing central services for multi-unit organizations. |
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| 779.119 |
Exempt occupations. |
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| 779.200 |
Coverage expanded by 1961 and 1966 amendments. |
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| 779.201 |
The place of the term ``enterprise'' in the Act. |
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| 779.202 |
Basic concepts of definition. |
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| 779.203 |
Distinction between ``enterprise,'' ``establishment,'' and ``employer.'' |
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| 779.204 |
Common types of ``enterprise.'' |
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| 779.205 |
Enterprise must consist of ``related activities.'' |
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| 779.206 |
What are ``related activities.'' |
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| 779.207 |
Related activities in retail operations. |
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| 779.208 |
Auxiliary activities which are ``related activities.'' |
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| 779.209 |
Vertical activities which are ``related activities.'' |
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| 779.210 |
Other activities which may be part of the enterprise. |
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| 779.211 |
Status of activities which are not ``related.'' |
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| 779.212 |
Enterprise must consist of related activities performed for a ``common business purpose.'' |
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| 779.213 |
What is a common business purpose. |
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| 779.214 |
``Business'' purpose. |
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| 779.215 |
General scope of terms. |
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| 779.216 |
Statutory construction of the terms. |
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| 779.217 |
``Unified operation'' defined. |
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| 779.218 |
Methods to accomplish ``unified operation.'' |
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| 779.219 |
Unified operation may be achieved without common control or common ownership. |
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| 779.220 |
Unified operation may exist as to separately owned or controlled activities which are related. |
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| 779.221 |
``Common control'' defined. |
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| 779.222 |
Ownership as factor. |
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| 779.223 |
Control where ownership vested in individual or single organization. |
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| 779.224 |
Common control in other cases. |
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| 779.225 |
Leased departments. |
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| 779.226 |
Exception for an independently owned retail or service establishment under certain franchise and other arrangements. |
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| 779.227 |
Conditions which must be met for exception. |
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| 779.228 |
Types of arrangements contemplated by exception. |
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| 779.229 |
Other arrangements. |
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| 779.230 |
Franchise and other arrangements. |
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| 779.231 |
Franchise arrangements which do not create a larger enterprise. |
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| 779.232 |
Franchise or other arrangements which create a larger enterprise. |
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| 779.233 |
Independent contractors performing work ``for'' an enterprise. |
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| 779.234 |
Establishments whose only regular employees are the owner or members of his immediate family. |
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| 779.235 |
Other ``enterprises.'' |
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| 779.236 |
In general. |
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| 779.237 |
Enterprise engaged in commerce or in the production of goods for commerce. |
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| 779.238 |
Engagement in described activities determined on annual basis. |
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| 779.239 |
Meaning of ``engaged in commerce or in the production of goods for commerce.'' |
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| 779.240 |
Employees ``handling *** or otherwise working on goods.'' |
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| 779.241 |
Selling. |
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| 779.242 |
Goods that ``have been moved in'' commerce. |
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| 779.243 |
Goods that have been ``produced for commerce by any person.'' |
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| 779.244 |
``Covered enterprises'' of interest to retailers of goods or services. |
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| 779.245 |
Conditions for coverage of retail or service enterprises. |
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| 779.246 |
Inflow test under section 3(s)(1) of the Act prior to 1966 amendments. |
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| 779.247 |
``Goods'' defined. |
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| 779.248 |
Purchase or receive ``goods for resale.'' |
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| 779.249 |
Goods which move or have moved across State lines. |
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| 779.250 |
Goods that have not lost their out-of-State identity. |
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| 779.251 |
Goods that have lost their out-of-State identity. |
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| 779.252 |
Not in deliveries from the reselling establishment. |
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| 779.253 |
What is included in computing the total annual inflow volume. |
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| 779.254 |
Summary of coverage and exemptions prior to and following the 1966 amendments. |
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| 779.255 |
Meaning of ``gasoline service establishment.'' |
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| 779.256 |
Conditions for enterprise coverage of gasoline service establishments. |
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| 779.257 |
Exemption applicable to gasoline service establishments under the prior Act. |
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| 779.258 |
Sales made or business done. |
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| 779.259 |
What is included in annual gross volume. |
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| 779.260 |
Trade-in allowances. |
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| 779.261 |
Statutory provision. |
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| 779.262 |
Excise taxes at the retail level. |
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| 779.263 |
Excise taxes not at the retail level. |
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| 779.264 |
Excise taxes separately stated. |
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| 779.265 |
Basis for making computations. |
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| 779.266 |
Methods of computing annual volume of sales or business. |
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| 779.267 |
Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions. |
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| 779.268 |
Grace period of 1 month for computation. |
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| 779.269 |
Computations for a new business. |
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| 779.300 |
Purpose of subpart. |
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| 779.301 |
Statutory provisions. |
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| 779.302 |
Exemptions depend on character of establishment. |
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| 779.303 |
``Establishment'' defined; distinguished from ``enterprise'' and ``business.'' |
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| 779.304 |
Illustrations of a single establishment. |
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| 779.305 |
Separate establishments on the same premises. |
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| 779.306 |
Leased departments not separate establishments. |
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| 779.307 |
Meaning and scope of ``employed by'' and ``employee of.'' |
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| 779.308 |
Employed within scope of exempt business. |
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| 779.309 |
Employed ``in'' but not ``by.'' |
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| 779.310 |
Employees of employers operating multi-unit businesses. |
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| 779.311 |
Employees working in more than one establishment of same employer. |
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| 779.312 |
``Retail or service establishment'', defined in section 13(a)(2). |
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| 779.313 |
Requirements summarized. |
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| 779.314 |
``Goods'' and ``services'' defined. |
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| 779.315 |
Traditional local retail or service establishments. |
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| 779.316 |
Establishments outside ``retail concept'' not within statutory definition; lack first requirement. |
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| 779.317 |
Partial list of establishments lacking ``retail concept.'' |
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| 779.318 |
Characteristics and examples of retail or service establishments. |
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| 779.319 |
A retail or service establishment must be open to general public. |
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| 779.320 |
Partial list of establishments whose sales or service may be recognized as retail. |
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| 779.321 |
Inapplicability of ``retail concept'' to some types of sales or services of an eligible establishment. |
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| 779.322 |
Second requirement for qualifying as a ``retail or service establishment.'' |
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| 779.323 |
Particular industry. |
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| 779.324 |
Recognition ``in.'' |
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| 779.325 |
Functions of the Secretary and the courts. |
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| 779.326 |
Sources of information. |
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| 779.327 |
Wholesale sales. |
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| 779.328 |
Retail and wholesale distinguished. |
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| 779.329 |
Effect of type of customer and type of goods or services. |
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| 779.330 |
Third requirement for qualifying as a ``retail or service establishment.'' |
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| 779.331 |
Meaning of sales ``for resale.'' |
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| 779.332 |
Resale of goods in an altered form or as parts or ingredients of other goods or services. |
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| 779.333 |
Goods sold for use as raw materials in other products. |
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| 779.334 |
Sales of services for resale. |
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| 779.335 |
Sales of building materials for residential or farm building construction. |
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| 779.336 |
Sales of building materials for commercial property construction. |
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| 779.337 |
Requirements of exemption summarized. |
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| 779.338 |
Effect of 1961 and 1966 amendments. |
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| 779.339 |
More than 50 percent intrastate sales required. |
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| 779.340 |
Out-of-State customers. |
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| 779.341 |
Sales ``made within the State'' and ``engagement in commerce'' distinguished. |
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| 779.342 |
Methods of computing annual volume of sales. |
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| 779.343 |
Combinations of exemptions. |
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| 779.345 |
Exemption provided in section 13(a)(4). |
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| 779.346 |
Requirements for exemption summarized. |
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| 779.347 |
Exemption limited to ``recognized retail establishment''; factories not exempt. |
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| 779.348 |
Goods must be made at the establishment which sells them. |
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| 779.349 |
The 85-percent requirement. |
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| 779.350 |
The section 13(a)(4) exemption does not apply to service establishments. |
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| 779.351 |
Exemption provided. |
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| 779.352 |
Requirements for exemption. |
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| 779.353 |
Basis for classification. |
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| 779.354 |
Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| 779.355 |
Classification of lumber and building materials sales. |
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| 779.356 |
Application of exemptions to employees. |
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| 779.357 |
May qualify as exempt 13(a)(2) establishments; classification of coal sales. |
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| 779.358 |
May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| 779.359 |
May qualify as exempt 13(a)(2) establishments. |
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| 779.360 |
Classification of liquefied-petroleum-gas sales. |
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| 779.361 |
Classification of other fuel oil sales. |
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| 779.362 |
May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| 779.363 |
May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| 779.364 |
May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| 779.365 |
May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| 779.366 |
Recapping or retreading tires for sale. |
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| 779.367 |
Commercial stationers may qualify as exempt 13(a)(2) establishments. |
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| 779.368 |
Printing and engraving establishments not recognized as retail. |
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| 779.369 |
Funeral home establishments may qualify as exempt 13(a)(2) establishments. |
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| 779.370 |
Cemeteries may qualify as exempt 13(a)(2) establishments. |
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| 779.371 |
Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2). |
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| 779.372 |
Nonmanufacturing establishments with certain exempt employees under section 13(b)(10). |
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| 779.381 |
Establishments within special exceptions or exemptions. |
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| 779.382 |
May qualify as exempt 13(a)(2) establishments. |
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| 779.383 |
``Hotel'' and ``motel'' exemptions under section 13(b)(8). |
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| 779.384 |
May qualify as exempt establishments. |
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| 779.385 |
May qualify as exempt establishments. |
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| 779.386 |
Restaurants may qualify as exempt 13(a)(2) establishments. |
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| 779.387 |
``Restaurant'' exemption under section 13(b) (8). |
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| 779.388 |
Exemption provided for food or beverage service employees. |
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| 779.400 |
Purpose of subpart. |
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| 779.401 |
Statutory provision. |
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| 779.402 |
``Executive'' and ``administrative'' employees defined. |
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| 779.403 |
Administrative and executive employees in covered enterprises employed in other than retail or service establishments. |
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| 779.404 |
Other section 13(a)(1) employees employed in covered enterprises. |
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| 779.405 |
Statutory provisions. |
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| 779.406 |
``Student-learners''. |
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| 779.407 |
Learners other than ``student-learners''. |
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| 779.408 |
``Full-time students''. |
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| 779.409 |
Handicapped workers. |
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| 779.410 |
Statutory provision. |
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| 779.411 |
Employee of a ``retail or service establishment''. |
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| 779.412 |
Compensation requirements for overtime pay exemption under section 7(i). |
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| 779.413 |
Methods of compensation of retail store employees. |
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| 779.414 |
Types of employment in which this overtime pay exemption may apply. |
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| 779.415 |
Computing employee's compensation for the representative period. |
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| 779.416 |
What compensation ``represents commissions.'' |
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| 779.417 |
The ``representative period'' for testing employee's compensation. |
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| 779.418 |
Grace period for computing portion of compensation representing commissions. |
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| 779.419 |
Dependence of the section 7(i) overtime pay exemption upon the level of the employee's ``regular rate'' of pay. |
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| 779.420 |
Recordkeeping requirements. |
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| 779.421 |
Basic rate for computing overtime compensation of nonexempt employees receiving commissions. |
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| 779.500 |
Purpose of subpart. |
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| 779.501 |
Statutory provisions. |
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| 779.502 |
Statutory provisions; regulations in part 1500 of this title. |
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| 779.503 |
The retailer and section 12(a). |
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| 779.504 |
The retailer and section 12(c). |
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| 779.505 |
``Oppressive child labor'' defined. |
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| 779.506 |
Sixteen-year minimum. |
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| 779.507 |
Fourteen-year minimum. |
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| 779.508 |
Eighteen-year minimum. |
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| 779.509 |
Statutory provision. |
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| 779.510 |
Conditions that must be met for section 13(b)(11) exemption. |
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| 779.511 |
``Finding by Secretary.'' |
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| 779.512 |
The recordkeeping regulations. |
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| 779.513 |
Order and form of records. |
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| 779.514 |
Period for preserving records. |
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| 779.515 |
Regulations should be consulted. |