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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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| Subpart D | Exemptions for Certain Retail or Service Establishments |
Sec.
Name
Purpose of subpart. General Principles
Statutory provisions.
Exemptions depend on character of establishment.
``Establishment'' defined; distinguished from ``enterprise'' and ``business.''
Illustrations of a single establishment.
Separate establishments on the same premises.
Leased departments not separate establishments.
Meaning and scope of ``employed by'' and ``employee of.''
Employed within scope of exempt business.
Employed ``in'' but not ``by.''
Employees of employers operating multi-unit businesses.
Employees working in more than one establishment of same employer.
``Retail or service establishment'', defined in section 13(a)(2).
Requirements summarized.
``Goods'' and ``services'' defined.
Traditional local retail or service establishments.
Establishments outside ``retail concept'' not within statutory definition; lack first requirement.
Partial list of establishments lacking ``retail concept.''
Characteristics and examples of retail or service establishments.
A retail or service establishment must be open to general public.
Partial list of establishments whose sales or service may be recognized as retail.
Inapplicability of ``retail concept'' to some types of sales or services of an eligible establishment.
Second requirement for qualifying as a ``retail or service establishment.''
Particular industry.
Recognition ``in.''
Functions of the Secretary and the courts.
Sources of information.
Wholesale sales.
Retail and wholesale distinguished.
Effect of type of customer and type of goods or services.
Third requirement for qualifying as a ``retail or service establishment.''
Meaning of sales ``for resale.''
Resale of goods in an altered form or as parts or ingredients of other goods or services.
Goods sold for use as raw materials in other products.
Sales of services for resale.
Sales of building materials for residential or farm building construction.
Sales of building materials for commercial property construction.
Requirements of exemption summarized.
Effect of 1961 and 1966 amendments.
More than 50 percent intrastate sales required.
Out-of-State customers.
Sales ``made within the State'' and ``engagement in commerce'' distinguished.
Methods of computing annual volume of sales.
Combinations of exemptions.
Exemption provided in section 13(a)(4).
Requirements for exemption summarized.
Exemption limited to ``recognized retail establishment''; factories not exempt.
Goods must be made at the establishment which sells them.
The 85-percent requirement.
The section 13(a)(4) exemption does not apply to service establishments.
Exemption provided.
Requirements for exemption.
Basis for classification.
Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.
Classification of lumber and building materials sales.
Application of exemptions to employees.
May qualify as exempt 13(a)(2) establishments; classification of coal sales.
May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
May qualify as exempt 13(a)(2) establishments.
Classification of liquefied-petroleum-gas sales.
Classification of other fuel oil sales.
May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
Recapping or retreading tires for sale.
Commercial stationers may qualify as exempt 13(a)(2) establishments.
Printing and engraving establishments not recognized as retail.
Funeral home establishments may qualify as exempt 13(a)(2) establishments.
Cemeteries may qualify as exempt 13(a)(2) establishments.
Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).
Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).
Establishments within special exceptions or exemptions.
May qualify as exempt 13(a)(2) establishments.
``Hotel'' and ``motel'' exemptions under section 13(b)(8).
May qualify as exempt establishments.
May qualify as exempt establishments.
Restaurants may qualify as exempt 13(a)(2) establishments.
``Restaurant'' exemption under section 13(b) (8).
Exemption provided for food or beverage service employees.
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