[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1620.9]

[Page 312]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1620_THE EQUAL PAY ACT--Table of Contents
 
Sec. 1620.9  Meaning of ``establishment.''

    (a) Although not expressly defined in the FLSA, the term 
``establishment'' had acquired a well settled meaning by the time of 
enactment of the Equal Pay Act. It refers to a distinct physical place 
of business rather than to an entire business or ``enterprise'' which 
may include several separate places of business. Accordingly, each 
physically separate place of business is ordinarily considered a 
separate establishment.
    (b) In unusual circumstances, two or more portions of a business 
enterprise, even though located in a single physical place of business, 
may constitute more than one establishment. For example, the facts might 
reveal that these portions of the enterprise are physically segregated, 
engaged in functionally separate operations, and have separate employees 
and maintain separate records. Conversely, unusual circumstances may 
call for two or more distinct physical portions of a business enterprise 
being treated as a single establishment. For example, a central 
administrative unit may hire all employees, set wages, and assign the 
location of employment; employees may frequently interchange work 
locations; and daily duties may be virtually identical and performed 
under similar working conditions. Barring unusual circumstances, 
however, the term ``establishment'' will be applied as described in 
paragraph (a) of this section.