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May 10, 2009   
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 783  

Application of the Fair Labor Standards Act to Employees Employed As Seamen


29 CFR 783.10 - ``Establishment''.

  • Section Number: 783.10
  • Section Name: ``Establishment''.

    As used in the Act (including the provision quoted below in 
Sec. 783.11), the term ``establishment'', which is not specifically 
defined therein, refers to a ``distinct physical place of business'' 
rather than to ``an entire business or enterprise'' which may include 
several separate places of business. This is consistent with the meaning 
of the term as it is normally used in business and in government, is 
judicially settled, and has been recognized in the Congress in the 
course of enactment of amendatory legislation (Phillips v. Walling 334 
U.S. 490; Mitchell v. Bekins Van & Storage Co., 352 U.S. 1027; 95 Cong. 
Rec. 12505, 12579, 14877; H. Rept. No. 1453, 81st Cong., 1st sess. p. 
35). This is the meaning of the term as used in sections 3(r), 3(s), and 
6(b) of the Act. An establishment may have employees employed away from 
the establishment as well as within it (H. Rept. No. 1453, supra).
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