Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 29 - Labor |
Subtitle B - Regulations Relating to Labor |
Chapter V - Wage and Hour Division, Department of Labor |
SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
Part 779 - The Fair Labor Standards Act as Applied to Retailers of Goods or Services |
Subpart C - Employment to Which the Act May Apply; Enterprise Coverage |
Unified Operation or Common Control |
§ 779.221 - “Common control” defined.
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§ 779.221 “Common control” defined.
Under the definition the “enterprise” includes all related activities performed through “common control” for a common business purpose. The word “control” may be defined as the act of fact of controlling; power or authority to control; directing or restraining domination. “Control” thus includes the power or authority to control. In relation to the performance of the described activities, the “control,” referred to in the definition in section 3(r) includes the power to direct, restrict, regulate, govern, or administer the performance of the activities. “Common” control includes the sharing of control and it is not limited to sole control or complete control by one person or corporation. “Common” control therefore exists where the performance of the described activities are controlled by one person or by a number of persons, corporations, or other organizational units acting together. This is clearly supported by the definition which specifically includes in the “enterprise” all such activities whether performed by “one or more corporate or other organizational units.” The meaning of “common control” is discussed comprehensively in part 776 of this chapter.