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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| 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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| Exemptions for Certain Retail or Service Establishments |
The statutory definition of the term ``retail or service establishment'' found in section 13(a)(2), clearly provides that an establishment to be a ``retail or service establishment'': (a) Must engage in the making of sales of goods or services; and (b) 75 percent of its sales of goods or services, or of both, must be recognized as retail in the particular industry; and (c) not over 25 percent of its sales of goods or services, or of both, may be sales for resale. These requirements are discussed below in Secs. 779.314 through 779.341.