Subpart A - General

Introductory

§ 779.0 - Purpose of interpretative bulletin.

§ 779.1 - General scope of the Act.

§ 779.2 - Previous and new coverage.

§ 779.3 - Pay standards for employees subject to previous coverage of the Act.

§ 779.4 - Pay standards for newly covered employment.

§ 779.5 - Matters discussed in this part.

§ 779.6 - Matters discussed in other interpretative bulletins.

Some Basic Definitions

§ 779.11 - General statement.

§ 779.12 - Commerce.

§ 779.13 - Production.

§ 779.14 - Goods.

§ 779.15 - Sale and resale.

§ 779.16 - State.

§ 779.17 - Wage and wage payments to tipped employees.

§ 779.18 - Regular rate.

§ 779.19 - Employer, employee, and employ.

§ 779.20 - Person.

§ 779.21 - Enterprise.

§ 779.22 - Enterprise engaged in commerce or in the production of goods for commerce.

§ 779.23 - Establishment.

§ 779.24 - Retail or service establishment.

Interpretations of the Law

§ 779.7 - Significance of official interpretations.

§ 779.8 - Basic support for interpretations.

§ 779.9 - Reliance on interpretations.

§ 779.10 - Interpretations made, continued, and superseded by this part.

Subpart B - Employment to Which the Act May Apply: Basic Principles and Individual Coverage

General Principles

§ 779.100 - Basic coverage in general.

§ 779.101 - Guiding principles for applying coverage and exemption provisions.

§ 779.102 - Scope of this subpart.

Employees Engaged in Commerce or in the Production of Goods for Commerce

§ 779.103 - Employees “engaged in commerce.”

§ 779.104 - Employees “engaged in the production of goods for commerce.”

§ 779.105 - Employees engaged in activities “closely related” and “directly essential” to the production of goods for commerce.

§ 779.106 - Employees employed by an independent employer.

§ 779.107 - Goods defined.

§ 779.108 - Goods produced for commerce.

§ 779.109 - Amount of activities which constitute engaging in commerce or in the production of goods for commerce.

§ 779.110 - Employees in retailing whose activities may bring them under the Act.

§ 779.111 - Buyers and their assistants.

§ 779.112 - Office employees.

§ 779.113 - Warehouse and stock room employees.

§ 779.114 - Transportation employees.

§ 779.115 - Watchmen and guards.

§ 779.116 - Custodial and maintenance employees.

§ 779.117 - Salesmen and sales clerks.

§ 779.118 - Employees providing central services for multi-unit organizations.

§ 779.119 - Exempt occupations.

Subpart C - Employment to Which the Act May Apply; Enterprise Coverage

Enterprise; the Business Unit

§ 779.200 - Coverage expanded by 1961 and 1966 amendments.

§ 779.201 - The place of the term “enterprise” in the Act.

§ 779.202 - Basic concepts of definition.

§ 779.203 - Distinction between “enterprise,” “establishment,” and “employer.”

§ 779.204 - Common types of “enterprise.”

Annual Gross Volume of Sales Made or Business Done

§ 779.258 - Sales made or business done.

§ 779.259 - What is included in annual gross volume.

§ 779.260 - Trade-in allowances.

Interstate Inflow Test Under Prior Act

§ 779.246 - Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.

§ 779.247 - “Goods” defined.

§ 779.248 - Purchase or receive “goods for resale.”

§ 779.249 - Goods which move or have moved across State lines.

§ 779.250 - Goods that have not lost their out-of-State identity.

§ 779.251 - Goods that have lost their out-of-State identity.

§ 779.252 - Not in deliveries from the reselling establishment.

§ 779.253 - What is included in computing the total annual inflow volume.

Excise Taxes

§ 779.261 - Statutory provision.

§ 779.262 - Excise taxes at the retail level.

§ 779.263 - Excise taxes not at the retail level.

§ 779.264 - Excise taxes separately stated.

Leased Departments, Franchise and Other Business Arrangements

§ 779.225 - Leased departments.

§ 779.226 - Exception for an independently owned retail or service establishment under certain franchise and other arrangements.

§ 779.227 - Conditions which must be met for exception.

§ 779.228 - Types of arrangements contemplated by exception.

§ 779.229 - Other arrangements.

§ 779.230 - Franchise and other arrangements.

§ 779.231 - Franchise arrangements which do not create a larger enterprise.

§ 779.232 - Franchise or other arrangements which create a larger enterprise.

§ 779.233 - Independent contractors performing work “for” an enterprise.

§ 779.234 - Establishments whose only regular employees are the owner or members of his immediate family.

§ 779.235 - Other “enterprises.”

Employees Handling, Selling, or Otherwise Working on Goods That Have Been Moved in or Produced for Commerce by Any Person

§ 779.240 - Employees “handling * * * or otherwise working on goods.”

§ 779.241 - Selling.

§ 779.242 - Goods that “have been moved in” commerce.

§ 779.243 - Goods that have been “produced for commerce by any person.”

Covered Enterprises

§ 779.236 - In general.

§ 779.237 - Enterprise engaged in commerce or in the production of goods for commerce.

§ 779.238 - Engagement in described activities determined on annual basis.

§ 779.239 - Meaning of “engaged in commerce or in the production of goods for commerce.”

Common Business Purpose

§ 779.212 - Enterprise must consist of related activities performed for a “common business purpose.”

§ 779.213 - What is a common business purpose.

§ 779.214 - “Business” purpose.

Unified Operation or Common Control

§ 779.215 - General scope of terms.

§ 779.216 - Statutory construction of the terms.

§ 779.217 - “Unified operation” defined.

§ 779.218 - Methods to accomplish “unified operation.”

§ 779.219 - Unified operation may be achieved without common control or common ownership.

§ 779.220 - Unified operation may exist as to separately owned or controlled activities which are related.

§ 779.221 - “Common control” defined.

§ 779.222 - Ownership as factor.

§ 779.223 - Control where ownership vested in individual or single organization.

§ 779.224 - Common control in other cases.

Covered Retail Enterprise

§ 779.244 - “Covered enterprises” of interest to retailers of goods or services.

§ 779.245 - Conditions for coverage of retail or service enterprises.

The Gasoline Service Establishment Enterprise

§ 779.254 - Summary of coverage and exemptions prior to and following the 1966 amendments.

§ 779.255 - Meaning of “gasoline service establishment.”

§ 779.256 - Conditions for enterprise coverage of gasoline service establishments.

§ 779.257 - Exemption applicable to gasoline service establishments under the prior Act.

Related Activities

§ 779.205 - Enterprise must consist of “related activities.”

§ 779.206 - What are “related activities.”

§ 779.207 - Related activities in retail operations.

§ 779.208 - Auxiliary activities which are “related activities.”

§ 779.209 - Vertical activities which are “related activities.”

§ 779.210 - Other activities which may be part of the enterprise.

§ 779.211 - Status of activities which are not “related.”

Computing the Annual Volume

§ 779.265 - Basis for making computations.

§ 779.266 - Methods of computing annual volume of sales or business.

§ 779.267 - Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.

§ 779.268 - Grace period of 1 month for computation.

§ 779.269 - Computations for a new business.

Subpart D - Exemptions for Certain Retail or Service Establishments

General Tests of Exemption Under Section 13(a)(2)

§ 779.337 - Requirements of exemption summarized.

§ 779.338 - Effect of 1961 and 1966 amendments.

Commercial Stationers

§ 779.367 - Commercial stationers may qualify as exempt 13(a)(2) establishments.

§ 779.368 - Printing and engraving establishments not recognized as retail.

Liquefied-Petroleum-Gas and Fuel Oil Dealers

§ 779.359 - May qualify as exempt 13(a)(2) establishments.

§ 779.360 - Classification of liquefied-petroleum-gas sales.

§ 779.361 - Classification of other fuel oil sales.

Coal Dealers

§ 779.357 - May qualify as exempt 13(a)(2) establishments; classification of coal sales.

Funeral Homes

§ 779.369 - Funeral home establishments may qualify as exempt 13(a)(2) establishments.

Making Sales of Goods and Services “Recognized as Retail”

§ 779.314 - “Goods” and “services” defined.

§ 779.315 - Traditional local retail or service establishments.

§ 779.316 - Establishments outside “retail concept” not within statutory definition; lack first requirement.

§ 779.317 - [Reserved]

§ 779.318 - Characteristics and examples of retail or service establishments.

§ 779.319 - A retail or service establishment must be open to general public.

§ 779.320 - [Reserved]

§ 779.321 - Inapplicability of “retail concept” to some types of sales or services of an eligible establishment.

Classification of Sales and Establishments in Certain Industries

§ 779.353 - Basis for classification.

Statutory Meaning of Retail or Service Establishment

§ 779.312 - “Retail or service establishment”, defined in section 13(a)(2).

§ 779.313 - Requirements summarized.

Sales Not Made for Resale

§ 779.330 - Third requirement for qualifying as a “retail or service establishment.”

§ 779.331 - Meaning of sales “for resale.”

§ 779.332 - Resale of goods in an altered form or as parts or ingredients of other goods or services.

§ 779.333 - Goods sold for use as raw materials in other products.

§ 779.334 - Sales of services for resale.

§ 779.335 - Sales of building materials for residential or farm building construction.

§ 779.336 - Sales of building materials for commercial property construction.

Hotels and Motels

§ 779.382 - May qualify as exempt 13(a)(2) establishments.

§ 779.383 - “Hotel” and “motel” exemptions under section 13(b)(8).

Feed Dealers

§ 779.362 - May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

Motion Picture Theaters

§ 779.384 - May qualify as exempt establishments.

Frozen-Food Locker Plants

§ 779.364 - May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

Restaurants and Establishments Providing Food and Beverage Service

§ 779.386 - Restaurants may qualify as exempt 13(a)(2) establishments.

§ 779.387 - “Restaurant” exemption under section 13(b) (8).

§ 779.388 - Exemption provided for food or beverage service employees.

Automotive Tire Establishments

§ 779.365 - May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§ 779.366 - Recapping or retreading tires for sale.

“Recognized” as Retail “in the Particular Industry”

§ 779.322 - Second requirement for qualifying as a “retail or service establishment.”

§ 779.323 - Particular industry.

§ 779.324 - Recognition “in.”

§ 779.325 - Functions of the Secretary and the courts.

§ 779.326 - Sources of information.

§ 779.327 - Wholesale sales.

§ 779.328 - Retail and wholesale distinguished.

§ 779.329 - Effect of type of customer and type of goods or services.

Establishment” Basis of Exemptions

Computing Annual Dollar Volume and Combination of Exemptions

§ 779.342 - Methods of computing annual volume of sales.

§ 779.343 - Combinations of exemptions.

Other Establishments for Which Special Exceptions or Exemptions Are Provided

§ 779.381 - Establishments within special exceptions or exemptions.

“Establishment” Basis of Exemptions

§ 779.302 - Exemptions depend on character of establishment.

§ 779.303 - “Establishment” defined; distinguished from “enterprise” and “business.”

§ 779.304 - Illustrations of a single establishment.

§ 779.305 - Separate establishments on the same premises.

§ 779.306 - Leased departments not separate establishments.

§ 779.307 - Meaning and scope of “employed by” and “employee of.”

§ 779.308 - Employed within scope of exempt business.

§ 779.309 - Employed “in” but not “by.”

§ 779.310 - Employees of employers operating multi-unit businesses.

§ 779.311 - Employees working in more than one establishment of same employer.

Lumber and Building Materials Dealers

§ 779.354 - Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§ 779.355 - Classification of lumber and building materials sales.

§ 779.356 - Application of exemptions to employees.

Ice Manufacturers and Ice Dealers

§ 779.358 - May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

Automobile, Truck and Farm Implement Sales and Services, and Trailer, Boat and Aircraft Sales

§ 779.371 - Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).

§ 779.372 - Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).

Sales Made Within the State

§ 779.339 - More than 50 percent intrastate sales required.

§ 779.340 - Out-of-State customers.

§ 779.341 - Sales “made within the State” and “engagement in commerce” distinguished.

Seasonal Amusement or Recreational Establishments

§ 779.385 - May qualify as exempt establishments.

Engaging in Contract Telegraph Agency Operations; Section 13(a)(11)

§ 779.351 - Exemption provided.

§ 779.352 - Requirements for exemption.

Cemeteries

§ 779.370 - Cemeteries may qualify as exempt 13(a)(2) establishments.

Recognized” as Retail “in the Particular Industry”

Automobile, Truck, Farm Implement, Trailer, and Aircraft Sales and Services

Engaging in Manufacturing and Processing Activities; Section 13(a)(4)

§ 779.345 - Exemption provided in section 13(a)(4).

§ 779.346 - Requirements for exemption summarized.

§ 779.347 - Exemption limited to “recognized retail establishment”; factories not exempt.

§ 779.348 - Goods must be made at the establishment which sells them.

§ 779.349 - The 85-percent requirement.

§ 779.350 - The section 13(a)(4) exemption does not apply to service establishments.

General Principles

§ 779.300 - Purpose of subpart.

§ 779.301 - Statutory provisions.

Monument Dealers

§ 779.363 - May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

Subpart E - Provisions Relating to Certain Employees of Retail or Service Establishments

Executive, Administrative, and Professional Employees and Outside Salesmen

§ 779.401 - Statutory provision.

§ 779.402 - “Executive” and “administrative” employees defined.

§ 779.403 - Administrative and executive employees in covered enterprises employed in other than retail or service establishments.

§ 779.404 - Other section 13(a)(1) employees employed in covered enterprises.

Employees Compensated Principally by Commissions

§ 779.410 - Statutory provision.

§ 779.411 - Employee of a “retail or service establishment”.

§ 779.412 - Compensation requirements for overtime pay exemption under section 7(i).

§ 779.413 - Methods of compensation of retail store employees.

§ 779.414 - Types of employment in which this overtime pay exemption may apply.

§ 779.415 - Computing employee's compensation for the representative period.

§ 779.416 - What compensation “represents commissions.”

§ 779.417 - The “representative period” for testing employee's compensation.

§ 779.418 - Grace period for computing portion of compensation representing commissions.

§ 779.419 - Dependence of the section 7(i) overtime pay exemption upon the level of the employee's “regular rate” of pay.

§ 779.420 - Recordkeeping requirements.

§ 779.421 - Basic rate for computing overtime compensation of nonexempt employees receiving commissions.

General Principles

§ 779.400 - Purpose of subpart.

Students, Learners, and Handicapped Workers

§ 779.405 - Statutory provisions.

§ 779.406 - “Student-learners”.

§ 779.407 - Learners other than “student-learners”.

§ 779.408 - “Full-time students”.

§ 779.409 - Handicapped workers.

Subpart F - Other Provisions Which May Affect Retail Enterprises

Child Labor Provisions

§ 779.502 - Statutory provisions; regulations in part 1500 of this title.

§ 779.503 - The retailer and section 12(a).

§ 779.504 - The retailer and section 12(c).

§ 779.505 - “Oppressive child labor” defined.

§ 779.506 - Sixteen-year minimum.

§ 779.507 - Fourteen-year minimum.

§ 779.508 - Eighteen-year minimum.

Equal Pay Provisions

§ 779.501 - Statutory provisions.

Records to Be Kept by Employers

§ 779.512 - The recordkeeping regulations.

§ 779.513 - Order and form of records.

§ 779.514 - Period for preserving records.

§ 779.515 - Regulations should be consulted.

Driver or Driver'S Helper Making Local Deliveries

§ 779.509 - Statutory provision.

§ 779.510 - Conditions that must be met for section 13(b)(11) exemption.

§ 779.511 - “Finding by Secretary.”

General

§ 779.500 - Purpose of subpart.