Part 779 — The Fair Labor Standards Act as Applied to Retailers of Goods or Services
Subpart A — General
- § 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.
- § 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- § 779.10— Interpretations made, continued, and superseded by this part.
- § 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.
Subpart B — Employment to Which the Act May Apply: Basic Principles and Individual Coverage
- § 779.100— Basic coverage in general.
- § 779.101— Guiding principles for applying coverage and exemption provisions.
- § 779.102— Scope of this subpart.
- § 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
- § 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.”
- § 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.”
- § 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.
- § 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.
- § 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.”
- § 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.”
- § 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.”
- § 779.244— “Covered enterprises” of interest to retailers of goods or services.
- § 779.245— Conditions for coverage of retail or service enterprises.
- § 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.
- § 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.
- § 779.258— Sales made or business done.
- § 779.259— What is included in annual gross volume.
- § 779.260— Trade-in allowances.
- § 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.
- § 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
- § 779.300— Purpose of subpart.
- § 779.301— Statutory provisions.
- § 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.
- § 779.312— “Retail or service establishment”, defined in section 13(a)(2).
- § 779.313— Requirements summarized.
- § 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.
- § 779.318— Characteristics and examples of retail or service establishments.
- § 779.319— A retail or service establishment must be open to general public.
- § 779.321— Inapplicability of “retail concept” to some types of sales or services of an eligible establishment.
- § 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.
- § 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.
- § 779.337— Requirements of exemption summarized.
- § 779.338— Effect of 1961 and 1966 amendments.
- § 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.
- § 779.342— Methods of computing annual volume of sales.
- § 779.343— Combinations of exemptions.
- § 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.
- § 779.351— Exemption provided.
- § 779.352— Requirements for exemption.
- § 779.353— Basis for classification.
- § 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.
- § 779.357— May qualify as exempt 13(a)(2) establishments; classification of coal sales.
- § 779.358— May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 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.
- § 779.362— May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.363— May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.364— May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.365— May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
- § 779.366— Recapping or retreading tires for sale.
- § 779.367— Commercial stationers may qualify as exempt 13(a)(2) establishments.
- § 779.368— Printing and engraving establishments not recognized as retail.
- § 779.369— Funeral home establishments may qualify as exempt 13(a)(2) establishments.
- § 779.370— Cemeteries may qualify as exempt 13(a)(2) establishments.
- § 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).
- § 779.381— Establishments within special exceptions or exemptions.
- § 779.382— May qualify as exempt 13(a)(2) establishments.
- § 779.383— “Hotel” and “motel” exemptions under section 13(b)(8).
- § 779.384— May qualify as exempt establishments.
- § 779.385— May qualify as exempt establishments.
- § 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.
Subpart E — Provisions Relating to Certain Employees of Retail or Service Establishments
- § 779.400— Purpose of subpart.
- § 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.
- § 779.405— Statutory provisions.
- § 779.406— “Student-learners”.
- § 779.407— Learners other than “student-learners”.
- § 779.408— “Full-time students”.
- § 779.409— Handicapped workers.
- § 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.
Subpart F — Other Provisions Which May Affect Retail Enterprises
- § 779.500— Purpose of subpart.
- § 779.501— Statutory 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.
- § 779.509— Statutory provision.
- § 779.510— Conditions that must be met for section 13(b)(11) exemption.
- § 779.511— “Finding by Secretary.”
- § 779.512— The recordkeeping regulations.
- § 779.513— Order and form of records.
- § 779.514— Period for preserving records.
- § 779.515— Regulations should be consulted.