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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 D  

Exemptions for Certain Retail or Service Establishments

29 CFR 779.382 - May qualify as exempt 13(a)(2) establishments.

  • Section Number: 779.382
  • Section Name: May qualify as exempt 13(a)(2) establishments. 
    A hotel or motel establishment may qualify as an exempt retail or 
service establishment under section 13(a)(2) of the Act. However, the 
establishment must meet all of the requirements of section 13(a)(2) (see 
Sec. 779.337). In determining whether an establishment is a retail or 
service establishment within the meaning of section 13(a)(2) the dollar 
volume received from the leasing or rental of space to other than 
transient members of the general public cannot be counted as derived 
from retail sales of goods or services. Therefore, receipts from tenants 
who are not transient
guests (see Sec. 779.383(c)) must be included in the 25 percent 
tolerance provided for sales for resale or sales not recognized as 
retail.
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