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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 21, 2014

Title 29Subtitle BChapter VSubchapter BPart 779


TITLE 29—Labor

Subtitle B—REGULATIONS RELATING TO LABOR (CONTINUED)

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

rule

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.

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Interpretations made, continued, and superseded by this part.

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.
rule

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.
rule

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.”

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.”

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.

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.”

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.”

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 Retail Enterprise

§779.244
“Covered enterprises” of interest to retailers of goods or services.
§779.245
Conditions for coverage of retail or service enterprises.

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.

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.

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.

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.

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.
rule

Subpart D—EXEMPTIONS FOR CERTAIN RETAIL OR SERVICE ESTABLISHMENTS

General Principles

§779.300
Purpose of subpart.
§779.301
Statutory provisions.

“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.

Statutory Meaning of Retail or Service Establishment

§779.312
“Retail or service establishment”, defined in section 13(a)(2).
§779.313
Requirements summarized.

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
Partial list of establishments lacking “retail concept.”
§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
Partial list of establishments whose sales or service may be recognized as retail.
§779.321
Inapplicability of “retail concept” to some types of sales or services of an eligible establishment.

“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.

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.

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

§779.337
Requirements of exemption summarized.
§779.338
Effect of 1961 and 1966 amendments.

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.

Computing Annual Dollar Volume and Combination of Exemptions

§779.342
Methods of computing annual volume of sales.
§779.343
Combinations of exemptions.

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.

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

§779.351
Exemption provided.
§779.352
Requirements for exemption.

Classification of Sales and Establishments in Certain Industries

§779.353
Basis for classification.

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.

Coal Dealers

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

Ice Manufacturers and Ice Dealers

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

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.

Feed Dealers

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

Monument Dealers

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

Frozen-Food Locker Plants

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

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.

Commercial Stationers

§779.367
Commercial stationers may qualify as exempt 13(a)(2) establishments.
§779.368
Printing and engraving establishments not recognized as retail.

Funeral Homes

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

Cemeteries

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

Other Establishments for Which Special Exceptions or Exemptions Are Provided

§779.381
Establishments within special exceptions or exemptions.

Hotels and Motels

§779.382
May qualify as exempt 13(a)(2) establishments.
§779.383
“Hotel” and “motel” exemptions under section 13(b)(8).

Motion Picture Theaters

§779.384
May qualify as exempt establishments.

Seasonal Amusement or Recreational Establishments

§779.385
May qualify as exempt 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.
rule

Subpart E—PROVISIONS RELATING TO CERTAIN EMPLOYEES OF RETAIL OR SERVICE ESTABLISHMENTS

General Principles

§779.400
Purpose of subpart.

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.

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.

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.
rule

Subpart F—OTHER PROVISIONS WHICH MAY AFFECT RETAIL ENTERPRISES

General

§779.500
Purpose of subpart.

Equal Pay Provisions

§779.501
Statutory provisions.

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.

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.”

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.


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