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 |
Interstate Inflow Test Under Prior Act |
§ 779.252 - Not in deliveries from the reselling establishment.
Latest version.
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§ 779.252 Not in deliveries from the reselling establishment.
Goods which move across State lines only in the course of deliveries from the reselling establishment of the enterprise are not included as goods which “move or have moved across State lines.” Thus, goods delivered by the enterprise to its customers outside of the State are not, for that reason, considered goods which “move or have moved across State lines.” The purpose of the provision excepting “deliveries from the reselling establishment” is to limit the test to goods which flow into the enterprise and to exclude those goods which only cross State lines when they flow out of the enterprise as an incident of the sale of such goods by the enterprise. In other words, this is an inflow test and not an outflow test.