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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter V - Wage and Hour Division, Department of Labor |
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SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
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Part 779 - The Fair Labor Standards Act as Applied to Retailers of Goods or Services |
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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. |