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 c - EMPLOYMENT TO WHICH THE ACT MAY APPLY; ENTERPRISE COVERAGE

779.241 - Selling.

The statutory definition of the term sale or sell is quoted in 779.15.

As long as the employee in any way participates in the sale of the goods he will be considered to be selling the goods, whether he physically handles them or not. Thus, if the employee performs any work that, in a practical sense is an essential part of consummating the sale of the particular goods, he will be considered to be selling the goods. Selling goods, under section 3(s) has reference only to goods which have been moved in or produced for commerce by any person, as discussed in 779.242 and 779.243.