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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 term ``goods'' is defined in section 3(i) of the Act and has been discussed above in Sec. 779.14. The Act, however, does not define the term ``services.'' The term ``services,'' therefore, must be given a meaning consistent with its usage in ordinary speech, with the context in which it appears and with the legislative history of the exemption as it explains the scope, the purposes and the objectives of the exemption. Although in a very general sense every business might be said to perform a service it is clear from the context and the legislative history that all business establishments are not making sales of ``services'' of the type contemplated in the Act; that is, services rendered by establishments which are traditionally regarded as local retail service establishments such as the restaurants, hotels, barber shops, repair shops, etc. (See Secs. 779.315 through 779.320.) It is to these latter services only that the term ``service'' refers.