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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| The Fair Labor Standards Act As Applied to Retailers of Goods or Services |
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| Employment to Which the Act May Apply; Enterprise Coverage |
29 CFR 779.221 - ``Common control'' defined.
- Section Number: 779.221
- Section Name: ``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.
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