The portions of the former and present definitions of ``enterprise
engaged in commerce or in the production of goods for commerce''
(contained in section 3(s) of the Act prior to the 1966 amendments and
as amended in 1966) which are important to a determination of the
application of provisions of the Act to employees employed by retailers
generally and by certain retail or service establishments are as
follows:
Previous coverage (prior to the 1966 amendments):
(s) Enterprise engaged in commerce or in the production of goods for
commerce means any of the following in the activities of which employees
are so engaged, including employees handling, selling, or otherwise
working on goods that have been moved in or produced for commerce by any
person:
(1) Any such enterprise which has one or more retail or service
establishments if the annual gross volume of sales of such enterprise is
not less than $1 million, exclusive of excise taxes at the retail level
which are separately stated and if such enterprise purchases or receives
goods for resale that move or have moved across State lines (not in
deliveries from the reselling establishment) which amount in total
annual volume to $250,000 or more;
* * * * *
(5) Any gasoline service establishment if the annual gross volume of
sales of such establishment is not less than $250,000, exclusive of
excise taxes at the retail level which are separately stated:
Provided, That an establishment shall not be considered to be an
enterprise engaged in commerce or in the production of goods for
commerce, or a part of an enterprise engaged in commerce or in the
production of goods for commerce, and the sales of such establishment
shall not be included for the purpose of determining the annual gross
volume of sales of any enterprise for the purpose of this subsection, if
the only employees of such establishment are the owner thereof or
persons standing in the relationship of parent, spouse, or child of such
owner.
New coverage (beginning with the 1966 amendments):
(s) Enterprise engaged in commerce or in the production of goods for
commerce means an enterprise which has employees engaged in commerce or
in the production of goods for commerce, including employees handling,
selling, or otherwise working on goods that have been moved in or
produced for commerce by any person, and which:
(1) During the period February 1, 1967, through January 31, 1969, is
an enterprise whose annual gross volume of sales made or business done
is not less than $500,000 (exclusive of excise taxes at the retail level
which are separately stated) or is a gasoline service establishment
whose annual gross volume of sales is not less than $250,000 (exclusive
of excise taxes at the retail level which are separately stated), and
beginning February 1, 1969, is an enterprise whose annual gross volume
of sales made or business done is not less than $250,000 (exclusive of
excise taxes at the retail level which are separately stated);
* * * * *
(4) Is engaged in the operation of a hospital, an institution
primarily engaged in the care of the sick, the aged, the mentally ill or
defective who reside on the premises of such institution, a school for
mentally or physically handicapped or gifted children, an elementary or
secondary school, or an institution of higher education (regardless of
whether or not such hospital, institution, or school is public or
private or operated for profit or not for profit).
Any establishment which has as its only regular employees the owner
thereof or the parent, spouse, child, or other member of the immediate
family of such owner shall not be considered to be an enterprise engaged
in commerce or in the production of goods for commerce or a part of such
an enterprise, and the sales of such establishment shall not be included
for the purpose of determining the annual gross volume of sales of any
enterprise for the purpose of this subsection.
