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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

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

29 CFR 779.223 - Control where ownership vested in individual or single organization.

  • Section Number: 779.223
  • Section Name: Control where ownership vested in individual or single organization. 
    Ownership, sufficient to exercise ``control,'' of course, exists 
where total ownership is vested in a single person, family unit, 
partnership, corporation, or other single business organization. 
Ownership sufficient to exercise ``control'' exist also where there is 
more than 50 percent ownership of voting stock. (See West v. Wal-Mart, 
264 F. Supp. 168 (W.D. Ark.).) But ``control'' may exist with much more 
limited ownership, and, in certain cases exists in the absence of any 
ownership. The mere ownership of stock in a corporation does not by 
itself establish the existence of the ``control'' referred to in the 
definition. The question whether the ownership in a particular case 
includes the right to exercise the requisite ``control'' will 
necessarily depend upon all the facts in the light of the statutory 
provisions.
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