Subpart D—Exemptions for Certain Retail or Service Establishments

§779.300 Purpose of subpart. General principles

§779.301 Statutory provisions.

§779.302 Exemptions depend on character of establishment.

§779.303 "Establishment" defined; distinguished from "enterprise" and "business."

§779.304 Illustrations of a single establishment.

§779.305 Separate establishments on the same premises.

§779.306 Leased departments not separate establishments.

§779.307 Meaning and scope of "employed by" and "employee of."

§779.308 Employed within scope of exempt business.

§779.309 Employed "in" but not "by."

§779.310 Employees of employers operating multi-unit businesses.

§779.311 Employees working in more than one establishment of same employer.

§779.312 "Retail or service establishment" defined in section 13(a)(2).

§779.313 Requirements summarized.

§779.314 "Goods" and "services"defined.

§779.315 Traditional local retail or service establishments.

§779.316 Establishments outside "retail concept" not within statutory definition; lack first requirement.

§779.317 Partial list of establishments lacking "retail concept."

§779.318 Characteristics and examples of retail or service establishments.

§779.319 A retail or service establishment must be open to general public.

§779.320 Partial list of establishments whose sales or service may be recognized as retail.

§779.321 Inapplicability of "retail concept" to some types of sales or services of an eligible establishment.

§779.322 Second requirement for qualifying as a "retail or service establishment."

§779.323 Particular industry.

§779.324 Recognition "in."

§779.325 Functions of the Secretary and the courts.

§779.326 Sources of information.

§779.327 Wholesale sales.

§779.328 Retail and wholesale distinguished.

§779.329 Effect of type of customer and type of goods or services.

§779.330 Third requirement for qualifying as a "retail or service establishment."

§779.331 Meaning of sales "for resale."

§779.332 Resale of goods in an altered form or as parts or ingredients of other goods or services.

§779.333 Goods sold for use as raw materials in other products.

§779.334 Sales of services for resale.

§779.335 Sales of building materials for residential or farm building construction.

§779.336 Sales of building materials for commercial property construction.

§779.337 Requirements of exemption summarized.

§779.338 Effect of 1961 and 1966 amendments.

§779.339 More than 50 percent intrastate sales required.

§779.340 Out-of-State customers.

§779.341 Sales "made within the State" and "engagement in commerce" distinguished.

§779.342 Methods of computing annual volume of sales.

§779.343 Combinations of exemptions.

§779.345 Exemption provided in section 13(a)(4).

§779.346 Requirements for exemption summarized.

§779.347 Exemption limited to "recognized retail establishment"; factories not exempt.

§779.348 Goods must be made at the establishment which sells them.

§779.349 The 85-percent requirement.

§779.350 The section 13(a)(4) exemption does not apply to service establishments.

§779.351 Exemption provided.

§779.352 Requirements for exemption.

§779.353 Basis for classification.

§779.354 Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§779.355 Classification of lumber and building materials sales.

§779.356 Application of exemptions to employees.

§779.357 May qualify as exempt 13(a)(2) establishments; classification of coal sales.

§779.358 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§779.359 May qualify as exempt 13(a)(2) establishments.

§779.360 Classification of liquefied-petroleum-gas sales.

§779.361 Classification of other fuel oil sales.

§779.362 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§779.363 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§779.364 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§779.365 May qualify as exempt 13(a)(2) or 13(a)(4) establishments.

§779.366 Recapping or retreading tires for sale.

§779.367 Commercial stationers may qualify as exempt 13(a)(2) establishments.

§779.368 Printing and engraving establishments not recognized as retail.

§779.369 Funeral home establishments may qualify as exempt 13(a)(2) establishments.

§779.370 Cemeteries may qualify as exempt 13(a)(2) establishments.

§779.371 Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).

§779.372 Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).

§779.381 Establishments within special exceptions or exemptions.

§779.382 May qualify as exempt 13(a)(2) establishments.

§779.383 "Hotel" and "motel" exemptions under section 13(b)(8).

§779.384 May qualify as exempt establishments.

§779.385 May qualify as exempt establishments.

§779.386 Restaurants may qualify as exempt 13(a)(2) establishments.

§779.387 "Restaurant" exemption under section 13(b) (8).

§779.388 Exemption provided for food or beverage service employees.

['Wage and Hour']

['Fair Labor Standards Act (FLSA)']

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Subpart D—Exemptions for Certain Retail or Service Establishments