Previous Section

Content Last Revised:
---DISCLAIMER---

Next Section

CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 779  

The Fair Labor Standards Act As Applied to Retailers of Goods or Services

 

 

 

Subpart D  

Exemptions for Certain Retail or Service Establishments

29 CFR 779.384 - May qualify as exempt establishments.

  • Section Number: 779.384
  • Section Name: May qualify as exempt establishments. 
    Section 13(a)(9) of the Act as amended in 1966 exempts from the 
minimum wage and overtime pay requirements ``any employee employed by an 
establishment which is a motion picture theater.'' This exemption will 
be applicable irrespective of the annual dollar volume of sales of such 
establishment or of the enterprise of which it is a part. A motion 
picture theater may also qualify as an exempt retail or service 
establishment under section 13(a)(2) of the Act if the establishment 
meets all requirements of the exemption, discussed above in 
Secs. 779.337 to 779.341. The term ``motion picture theater'' as used in 
section 13(a)(9) means a commercially operated theater primarily engaged 
in the exhibition of motion pictures with or without vaudeville 
presentations. It includes ``drive-in motion picture theaters'' commonly 
known as ``open air'' or ``drive-in'' theaters, but does not include 
such incidental exhibition of motion pictures as those offered to 
passengers on aircraft. ``Legitimate theaters'' primarily engaged in 
exhibiting stage productions are not ``motion picture theaters.''
Previous Section

Next Section