Code of Federal Regulations (alpha)

CFR /  Title 29  /  Part 779: The Fair Labor Standards Act As Applied To Retailers Of Goods Or Services

Section No. Description
Section 779.0 General scope of the Act
Section 779.1 Previous and new coverage
Section 779.2 Pay standards for employees subject to previous coverage of the Act
Section 779.3 Pay standards for newly covered employment
Section 779.4 Matters discussed in this part
Section 779.5 Matters discussed in other interpretative bulletins
Section 779.6 Significance of official interpretations
Section 779.7 Basic support for interpretations
Section 779.8 Reliance on interpretations
Section 779.9 Interpretations made, continued, and superseded by this part
Section 779.10 General statement
Section 779.11 Commerce
Section 779.12 Production
Section 779.13 Goods
Section 779.14 Sale and resale
Section 779.15 State
Section 779.16 Wage and wage payments to tipped employees
Section 779.17 Regular rate
Section 779.18 Employer, employee, and employ
Section 779.19 Person
Section 779.20 Enterprise
Section 779.21 Enterprise engaged in commerce or in the production of goods for commerce
Section 779.22 Establishment
Section 779.23 Retail or service establishment
Section 779.24 Basic coverage in general
Section 779.100 Guiding principles for applying coverage and exemption provisions
Section 779.101 Scope of this subpart
Section 779.102 Employees ``engaged in commerce
Section 779.103 Employees ``engaged in the production of goods for commerce
Section 779.104 Employees engaged in activities ``closely related'' and ``directly essential'' to the production of goods for commerce
Section 779.105 Employees employed by an independent employer
Section 779.106 Goods defined
Section 779.107 Goods produced for commerce
Section 779.108 Amount of activities which constitute engaging in commerce or in the production of goods for commerce
Section 779.109 Employees in retailing whose activities may bring them under the Act
Section 779.110 Buyers and their assistants
Section 779.111 Office employees
Section 779.112 Warehouse and stock room employees
Section 779.113 Transportation employees
Section 779.114 Watchmen and guards
Section 779.115 Custodial and maintenance employees
Section 779.116 Salesmen and sales clerks
Section 779.117 Employees providing central services for multi-unit organizations
Section 779.118 Exempt occupations
Section 779.119 Coverage expanded by 1961 and 1966 amendments
Section 779.200 The place of the term ``enterprise'' in the Act
Section 779.201 Basic concepts of definition
Section 779.202 Distinction between ``enterprise,'' ``establishment, '' and ``employer
Section 779.203 Common types of ``enterprise
Section 779.204 Enterprise must consist of ``related activities
Section 779.205 What are ``related activities
Section 779.206 Related activities in retail operations
Section 779.207 Auxiliary activities which are ``related activities
Section 779.208 Vertical activities which are ``related activities
Section 779.209 Other activities which may be part of the enterprise
Section 779.210 Status of activities which are not ``related
Section 779.211 Enterprise must consist of related activities performed for a ``common business purpose
Section 779.212 What is a common business purpose
Section 779.213 General scope of terms
Section 779.215 Statutory construction of the terms
Section 779.216 Methods to accomplish ``unified operation
Section 779.218 Unified operation may be achieved without common control or common ownership
Section 779.219 Unified operation may exist as to separately owned or controlled activities which are related
Section 779.220 Ownership as factor
Section 779.222 Control where ownership vested in individual or single organization
Section 779.223 Common control in other cases
Section 779.224 Leased departments
Section 779.225 Exception for an independently owned retail or service establishment under certain franchise and other arrangements
Section 779.226 Conditions which must be met for exception
Section 779.227 Types of arrangements contemplated by exception
Section 779.228 Other arrangements
Section 779.229 Franchise and other arrangements
Section 779.230 Franchise arrangements which do not create a larger enterprise
Section 779.231 Franchise or other arrangements which create a larger enterprise
Section 779.232 Independent contractors performing work ``for'' an enterprise
Section 779.233 Establishments whose only regular employees are the owner or members of his immediate family
Section 779.234 Other ``enterprises
Section 779.235 In general
Section 779.236 Enterprise engaged in commerce or in the production of goods for commerce
Section 779.237 Engagement in described activities determined on annual basis
Section 779.238 Meaning of ``engaged in commerce or in the production of goods for commerce
Section 779.239 Employees ``handling * * * or otherwise working on goods
Section 779.240 Selling
Section 779.241 Goods that ``have been moved in'' commerce
Section 779.242 Goods that have been ``produced for commerce by any person
Section 779.243 Conditions for coverage of retail or service enterprises
Section 779.245 Inflow test under section 3(s)(1) of the Act prior to 1966 amendments
Section 779.246 Purchase or receive ``goods for resale
Section 779.248 Goods which move or have moved across State lines
Section 779.249 Goods that have not lost their out-of-State identity
Section 779.250 Goods that have lost their out-of-State identity
Section 779.251 Not in deliveries from the reselling establishment
Section 779.252 What is included in computing the total annual inflow volume
Section 779.253 Summary of coverage and exemptions prior to and following the 1966 amendments
Section 779.254 Meaning of ``gasoline service establishment
Section 779.255 Conditions for enterprise coverage of gasoline service establishments
Section 779.256 Exemption applicable to gasoline service establishments under the prior Act
Section 779.257 Sales made or business done
Section 779.258 What is included in annual gross volume
Section 779.259 Trade-in allowances
Section 779.260 Statutory provision
Section 779.261 Excise taxes at the retail level
Section 779.262 Excise taxes not at the retail level
Section 779.263 Excise taxes separately stated
Section 779.264 Basis for making computations
Section 779.265 Methods of computing annual volume of sales or business
Section 779.266 Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions
Section 779.267 Grace period of 1 month for computation
Section 779.268 Computations for a new business
Section 779.269 Purpose of subpart
Section 779.300 Statutory provisions
Section 779.301 Exemptions depend on character of establishment
Section 779.302 Illustrations of a single establishment
Section 779.304 Separate establishments on the same premises
Section 779.305 Leased departments not separate establishments
Section 779.306 Meaning and scope of ``employed by'' and ``employee of
Section 779.307 Employed within scope of exempt business
Section 779.308 Employed ``in'' but not ``by
Section 779.309 Employees of employers operating multi-unit businesses
Section 779.310 Employees working in more than one establishment of same employer
Section 779.311 Requirements summarized
Section 779.313 Traditional local retail or service establishments
Section 779.315 Establishments outside ``retail concept'' not within statutory definition; lack first requirement
Section 779.316 Partial list of establishments lacking ``retail concept
Section 779.317 Characteristics and examples of retail or service establishments
Section 779.318 A retail or service establishment must be open to general public
Section 779.319 Partial list of establishments whose sales or service may be recognized as retail
Section 779.320 Inapplicability of ``retail concept'' to some types of sales or services of an eligible establishment
Section 779.321 Second requirement for qualifying as a ``retail or service establishment
Section 779.322 Particular industry
Section 779.323 Recognition ``in
Section 779.324 Functions of the Secretary and the courts
Section 779.325 Sources of information
Section 779.326 Wholesale sales
Section 779.327 Retail and wholesale distinguished
Section 779.328 Effect of type of customer and type of goods or services
Section 779.329 Third requirement for qualifying as a ``retail or service establishment
Section 779.330 Meaning of sales ``for resale
Section 779.331 Resale of goods in an altered form or as parts or ingredients of other goods or services
Section 779.332 Goods sold for use as raw materials in other products
Section 779.333 Sales of services for resale
Section 779.334 Sales of building materials for residential or farm building construction
Section 779.335 Sales of building materials for commercial property construction
Section 779.336 Requirements of exemption summarized
Section 779.337 Effect of 1961 and 1966 amendments
Section 779.338 More than 50 percent intrastate sales required
Section 779.339 Out-of-State customers
Section 779.340 Sales ``made within the State'' and ``engagement in commerce'' distinguished
Section 779.341 Methods of computing annual volume of sales
Section 779.342 Combinations of exemptions
Section 779.343 Exemption provided in section 13(a)(4)
Section 779.345 Requirements for exemption summarized
Section 779.346 Exemption limited to ``recognized retail establishment'' ; factories not exempt
Section 779.347 Goods must be made at the establishment which sells them
Section 779.348 The 85-percent requirement
Section 779.349 The section 13(a)(4) exemption does not apply to service establishments
Section 779.350 Exemption provided
Section 779.351 Requirements for exemption
Section 779.352 Basis for classification
Section 779.353 Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments
Section 779.354 Classification of lumber and building materials sales
Section 779.355 Application of exemptions to employees
Section 779.356 May qualify as exempt 13(a)(2) establishments; classification of coal sales
Section 779.357 May qualify as exempt 13(a)(2) or 13(a)(4) establishments
Section 779.358 May qualify as exempt 13(a)(2) establishments
Section 779.359 Classification of liquefied-petroleum-gas sales
Section 779.360 Classification of other fuel oil sales
Section 779.361 May qualify as exempt 13(a)(2) or 13(a)(4) establishments
Section 779.362 May qualify as exempt 13(a)(2) or 13(a)(4) establishments
Section 779.363 May qualify as exempt 13(a)(2) or 13(a)(4) establishments
Section 779.364 May qualify as exempt 13(a)(2) or 13(a)(4) establishments
Section 779.365 Recapping or retreading tires for sale
Section 779.366 Commercial stationers may qualify as exempt 13(a)(2) establishments
Section 779.367 Printing and engraving establishments not recognized as retail
Section 779.368 Funeral home establishments may qualify as exempt 13(a)(2) establishments
Section 779.369 Cemeteries may qualify as exempt 13(a)(2) establishments
Section 779.370 Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2)
Section 779.371 Nonmanufacturing establishments with certain exempt employees under section 13(b)(10)
Section 779.372 Establishments within special exceptions or exemptions
Section 779.381 May qualify as exempt 13(a)(2) establishments
Section 779.382 May qualify as exempt establishments
Section 779.384 May qualify as exempt establishments
Section 779.385 Restaurants may qualify as exempt 13(a)(2) establishments
Section 779.386 Exemption provided for food or beverage service employees
Section 779.388 Purpose of subpart
Section 779.400 Statutory provision
Section 779.401 Administrative and executive employees in covered enterprises employed in other than retail or service establishments
Section 779.403 Other section 13(a)(1) employees employed in covered enterprises
Section 779.404 Statutory provisions
Section 779.405 Learners other than ``student-learners''
Section 779.407 Handicapped workers
Section 779.409 Statutory provision
Section 779.410 Employee of a ``retail or service establishment''
Section 779.411 Compensation requirements for overtime pay exemption under section 7(i)
Section 779.412 Methods of compensation of retail store employees
Section 779.413 Types of employment in which this overtime pay exemption may apply
Section 779.414 Computing employee's compensation for the representative period
Section 779.415 What compensation ``represents commissions
Section 779.416 The ``representative period'' for testing employee's compensation
Section 779.417 Grace period for computing portion of compensation representing commissions
Section 779.418 Dependence of the section 7(i) overtime pay exemption upon the level of the employee's ``regular rate'' of pay
Section 779.419 Recordkeeping requirements
Section 779.420 Basic rate for computing overtime compensation of nonexempt employees receiving commissions
Section 779.421 Purpose of subpart
Section 779.500 Statutory provisions
Section 779.501 Statutory provisions; regulations in part 1500 of this title
Section 779.502 The retailer and section 12(a)
Section 779.503 The retailer and section 12(c)
Section 779.504 Sixteen-year minimum
Section 779.506 Fourteen-year minimum
Section 779.507 Eighteen-year minimum
Section 779.508 Statutory provision
Section 779.509 Conditions that must be met for section 13(b)(11) exemption
Section 779.510 The recordkeeping regulations
Section 779.512 Order and form of records
Section 779.513 Period for preserving records
Section 779.514 Regulations should be consulted
Section 779.515 Purpose of interpretative bulletins in this part