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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 29--Labor
Subtitle B--REGULATIONS RELATING TO LABOR
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
SUBCHAPTER B--STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
PART 779--THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
Subpart A--GENERAL
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| Purpose of interpretative bulletin. |
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| General scope of the Act. |
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| Previous and new coverage. |
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| Pay standards for employees subject to previous coverage of the Act. |
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| Pay standards for newly covered employment. |
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| Matters discussed in this part. |
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| Matters discussed in other interpretative bulletins. |
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| Significance of official interpretations. |
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| Basic support for interpretations. |
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| Reliance on interpretations. |
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| Interpretations made,, and superseded by this part. |
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| Wage and wage payments to tipped employees. |
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| Employer, employee, and employ. |
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| Enterprise engaged in commerce or in the production of goods for commerce. |
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| Retail or service establishment. |
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Subpart B--EMPLOYMENT TO WHICH THE ACT MAY APPLY: BASIC PRINCIPLES AND INDIVIDUAL COVERAGE
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| Basic coverage in general. |
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| Guiding principles for applying coverage and exemption provisions. |
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| Employees ''engaged in commerce.'' |
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| Employees ''engaged in the production of goods for commerce.'' |
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| Employees engaged in activities ''closely related'' and ''directly essential'' to the production of goods for commerce. |
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| Employees employed by an independent employer. |
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| Goods produced for commerce. |
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| Amount of activities which constitute engaging in commerce or in the production of goods for commerce. |
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| Employees in retailing whose activities may bring them under the Act. |
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| Buyers and their assistants. |
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| Warehouse and stock room employees. |
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| Transportation employees. |
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| Custodial and maintenance employees. |
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| Salesmen and sales clerks. |
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| Employees providing central services for multi-unit organizations. |
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Subpart C--EMPLOYMENT TO WHICH THE ACT MAY APPLY; ENTERPRISE COVERAGE
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| Coverage expanded by 1961 and 1966 amendments. |
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| The place of the term ''enterprise'' in the Act. |
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| Basic concepts of definition. |
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| Distinction between ''enterprise,'' ''establishment,'' and ''employer.'' |
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| Common types of ''enterprise.'' |
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| Enterprise must consist of ''related activities.'' |
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| What are ''related activities.'' |
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| Related activities in retail operations. |
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| Auxiliary activities which are ''related activities.'' |
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| Vertical activities which are ''related activities.'' |
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| Other activities which may be part of the enterprise. |
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| Status of activities which are not ''related.'' |
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| Enterprise must consist of related activities performed for a ''common business purpose.'' |
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| What is a common business purpose. |
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| Statutory construction of the terms. |
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| ''Unified operation'' defined. |
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| Methods to accomplish ''unified operation.'' |
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| Unified operation may be achieved without common control or common ownership. |
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| Unified operation may exist as to separately owned or controlled activities which are related. |
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| ''Common control'' defined. |
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| Control where ownership vested in individual or single organization. |
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| Common control in other cases. |
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| Exception for an independently owned retail or service establishment under certain franchise and other arrangements. |
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| Conditions which must be met for exception. |
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| Types of arrangements contemplated by exception. |
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| Franchise and other arrangements. |
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| Franchise arrangements which do not create a larger enterprise. |
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| Franchise or other arrangements which create a larger enterprise. |
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| Independent contractors performing work ''for'' an enterprise. |
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| Establishments whose only regular employees are the owner or members of his immediate family. |
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| Enterprise engaged in commerce or in the production of goods for commerce. |
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| Engagement in described activities determined on annual basis. |
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| Meaning of ''engaged in commerce or in the production of goods for commerce.'' |
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| Employees ''handling * * * or otherwise working on goods.'' |
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| Goods that ''have been moved in'' commerce. |
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| Goods that have been ''produced for commerce by any person.'' |
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| ''Covered enterprises'' of interest to retailers of goods or services. |
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| Conditions for coverage of retail or service enterprises. |
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| Inflow test under section 3(s)(1) of the Act prior to 1966 amendments. |
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| Purchase or receive ''goods for resale.'' |
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| Goods which move or have moved across State lines. |
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| Goods that have not lost their out-of-State identity. |
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| Goods that have lost their out-of-State identity. |
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| Not in deliveries from the reselling establishment. |
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| What is included in computing the total annual inflow volume. |
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| Summary of coverage and exemptions prior to and following the 1966 amendments. |
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| Meaning of ''gasoline service establishment.'' |
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| Conditions for enterprise coverage of gasoline service establishments. |
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| Exemption applicable to gasoline service establishments under the prior Act. |
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| Sales made or business done. |
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| What is included in annual gross volume. |
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| Excise taxes at the retail level. |
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| Excise taxes not at the retail level. |
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| Excise taxes separately stated. |
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| Basis for making computations. |
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| Methods of computing annual volume of sales or business. |
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| Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions. |
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| Grace period of 1 month for computation. |
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| Computations for a new business. |
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Subpart D--EXEMPTIONS FOR CERTAIN RETAIL OR SERVICE ESTABLISHMENTS
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| Exemptions depend on character of establishment. |
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| ''Establishment'' defined; distinguished from ''enterprise'' and ''business.'' |
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| Illustrations of a single establishment. |
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| Separate establishments on the same premises. |
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| Leased departments not separate establishments. |
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| Meaning and scope of ''employed by'' and ''employee of.'' |
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| Employed within scope of exempt business. |
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| Employed ''in'' but not ''by.'' |
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| Employees of employers operating multi-unit businesses. |
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| Employees working in more than one establishment of same employer. |
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| ''Retail or service establishment'', defined in section 13(a)(2). |
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| ''Goods'' and ''services'' defined. |
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| Traditional local retail or service establishments. |
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| Establishments outside ''retail concept'' not within statutory definition; lack first requirement. |
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| Partial list of establishments lacking ''retail concept.'' |
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| Characteristics and examples of retail or service establishments. |
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| A retail or service establishment must be open to general public. |
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| Partial list of establishments whose sales or service may be recognized as retail. |
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| Inapplicability of ''retail concept'' to some types of sales or services of an eligible establishment. |
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| Second requirement for qualifying as a ''retail or service establishment.'' |
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| Functions of the Secretary and the courts. |
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| Retail and wholesale distinguished. |
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| Effect of type of customer and type of goods or services. |
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| Third requirement for qualifying as a ''retail or service establishment.'' |
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| Meaning of sales ''for resale.'' |
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| Resale of goods in an altered form or as parts or ingredients of other goods or services. |
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| Goods sold for use as raw materials in other products. |
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| Sales of services for resale. |
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| Sales of building materials for residential or farm building construction. |
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| Sales of building materials for commercial property construction. |
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| Requirements of exemption summarized. |
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| Effect of 1961 and 1966 amendments. |
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| More than 50 percent intrastate sales required. |
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| Sales ''made within the State'' and ''engagement in commerce'' distinguished. |
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| Methods of computing annual volume of sales. |
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| Combinations of exemptions. |
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| Exemption provided in section 13(a)(4). |
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| Requirements for exemption summarized. |
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| Exemption limited to ''recognized retail establishment''; factories not exempt. |
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| Goods must be made at the establishment which sells them. |
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| The 85-percent requirement. |
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| The section 13(a)(4) exemption does not apply to service establishments. |
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| Requirements for exemption. |
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| Basis for classification. |
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| Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| Classification of lumber and building materials sales. |
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| Application of exemptions to employees. |
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| May qualify as exempt 13(a)(2) establishments; classification of coal sales. |
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| May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| May qualify as exempt 13(a)(2) establishments. |
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| Classification of liquefied-petroleum-gas sales. |
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| Classification of other fuel oil sales. |
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| May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| May qualify as exempt 13(a)(2) or 13(a)(4) establishments. |
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| Recapping or retreading tires for sale. |
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| Commercial stationers may qualify as exempt 13(a)(2) establishments. |
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| Printing and engraving establishments not recognized as retail. |
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| Funeral home establishments may qualify as exempt 13(a)(2) establishments. |
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| Cemeteries may qualify as exempt 13(a)(2) establishments. |
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| Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2). |
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| Nonmanufacturing establishments with certain exempt employees under section 13(b)(10). |
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| Establishments within special exceptions or exemptions. |
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| May qualify as exempt 13(a)(2) establishments. |
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| ''Hotel'' and ''motel'' exemptions under section 13(b)(8). |
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| May qualify as exempt establishments. |
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| May qualify as exempt establishments. |
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| Restaurants may qualify as exempt 13(a)(2) establishments. |
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| ''Restaurant'' exemption under section 13(b) (8). |
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| Exemption provided for food or beverage service employees. |
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Subpart E--PROVISIONS RELATING TO CERTAIN EMPLOYEES OF RETAIL OR SERVICE ESTABLISHMENTS
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| ''Executive'' and ''administrative'' employees defined. |
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| Administrative and executive employees in covered enterprises employed in other than retail or service establishments. |
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| Other section 13(a)(1) employees employed in covered enterprises. |
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| Learners other than ''student-learners''. |
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| Employee of a ''retail or service establishment''. |
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| Compensation requirements for overtime pay exemption under section 7(i). |
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| Methods of compensation of retail store employees. |
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| Types of employment in which this overtime pay exemption may apply. |
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| Computing employee's compensation for the representative period. |
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| What compensation ''represents commissions.'' |
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| The ''representative period'' for testing employee's compensation. |
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| Grace period for computing portion of compensation representing commissions. |
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| Dependence of the section 7(i) overtime pay exemption upon the level of the employee's ''regular rate'' of pay. |
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| Recordkeeping requirements. |
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| Basic rate for computing overtime compensation of nonexempt employees receiving commissions. |
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Subpart F--OTHER PROVISIONS WHICH MAY AFFECT RETAIL ENTERPRISES
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| Statutory provisions; regulations in part 1500 of this title. |
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| The retailer and section 12(a). |
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| The retailer and section 12(c). |
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| ''Oppressive child labor'' defined. |
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| Conditions that must be met for section 13(b)(11) exemption. |
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| ''Finding by Secretary.'' |
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| The recordkeeping regulations. |
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| Order and form of records. |
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| Period for preserving records. |
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| Regulations should be consulted. |
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