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Code of Federal Regulations Pertaining to ESA |
| 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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| Employment to Which the Act May Apply; Enterprise Coverage |
This exception, in accordance with its specific terms, will apply to
exclude an establishment from enterprise coverage only if the following
conditions are met:
(a) The establishment must be a ``retail or service establishment''
as this term is defined in section 13(a)(2) of the Act (see discussion
of this term in Secs. 779.312 and 779.313); and
(b) The retail or service establishment must not be an
``enterprise'' which is large enough to come within the scope of section
3(s) of the Act; and
(c) The retail or service establishment must be under independent
ownership.