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

779.258 - Sales made or business done.

The Senate Report on the 1966 amendments reaffirmed the intent to measure the dollar volume of sales or business including the gross receipts or gross business to determine whether an enterprise is covered. This concept was first expressed in the Senate Report on the 1961 amendment (S. Rept. No. 145, 87th Congress, first session, p. 38).

The phrase business done added by the 1966 amendments to section 3(s) merely reflects with more clarity the economic test of business size expressed in the prior Act in terms of annual gross volume of sales and conforms the language of the Act with the Congressional view expressed in the legislative history of the 1961 amendments. Thus, the annual gross volume of an enterprise must include any business activity in which it engages which can be measured on a dollar basis irrespective of whether the enterprise is tested under the prior or amended Act. The Senate Report on the 1966 amendments states: The intent to measure the dollar volume of sales or business including the gross receipts or gross business in determining coverage of such an enterprise was expressed in the Senate report above cited at page 38.

The addition of the term business done to the statutory language should make this intent abundantly plain for the future and remove any possible reason for misapprehension. The annual gross volume of sales made or business done by an enterprise, within the meaning of section 3(s), will thus continue to include both the gross dollar volume of the sales (as defined in sec. 3(k)) which it makes, as measured by the price paid by the purchaser for the property or service sold to him (exclusive of any excise taxes at the retail level which are separately stated), and the gross dollar volume of any other business activity in which the enterprise engages which can be similarly measured on a dollar basis.

This would include, for example, such activity by an enterprise as making loans or renting or leasing property of any kind. (S. Rept. No.

1487, 89th Congress, second session, pp. 78.)