It is possible that the analysis performed at the beginning of each
quarter to determine the applicability of the monetary provisions of the
Act may reveal changes in the annual gross volume or other determinative
factors which result in the enterprise or establishment meeting or
ceasing to meet one or more of the tests for enterprise
coverage or establishment exemption. Thus, enterprise coverage may
result where the annual volume increases from an amount under to an
amount over $250,000. Also, an enterprise having an annual gross volume
of more than $1 million and meeting the requirements for a covered
retail enterprise under the prior Act on the basis of previous sales
analyses may fall below $1 million when the annual gross volume is
computed at the beginning of the quarter being tested and as a result
qualify only as a newly covered enterprise for the current quarter under
the amended Act. Similarly, an enterprise previously subject to new
coverage pay standards, having an annual gross volume of more than
$250,000 but less than $1 million on the basis of previous sales
analyses, may increase its annual gross volume to $1 million or more
when recomputed at the beginning of the quarter being tested. It will
thus become for the current quarter an enterprise in which employees are
subject to the pay standards for employment covered under the Act prior
to the amendments, provided that it meets the other conditions as
discussed in Sec. 779.245.
