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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 A  

General


29 CFR 779.23 - Establishment.

  • Section Number: 779.23
  • Section Name: Establishment.

    As used in the Act, the term establishment, which is not specially 
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, 324 
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. 
25). As appears more fully elsewhere in this part, this is the meaning 
of the term as used in sections 3(r), 3(s), 6(d), 7(i), 13(a), 13(b), 
and 14 of the Act.
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