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- Code of Federal Regulations
- 2023 Edition
- 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 D. Exemptions For Certain Retail Or Service Establishments
- Restaurants and Establishments Providing Food and Beverage Service
29 C.F.R. § 779.386 Restaurants May Qualify As Exempt 13(a)(2) Establishments
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through October 31, 2023 |
(a) A restaurant may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act. However, the establishment must meet all of the requirements of section 13(a)(2) (see § 29undefined779.337 ). It should be noted that a separate exemption from the overtime pay provisions of the Act only is provided in section 13(b)(18) for certain food service employees employed by establishments other than restaurants if the establishment meets the definition of a retail or service establishment as defined in the last sentence of section 13(a)(2). Privately owned and operated restaurants conducted as separate and independent business establishments in industrial plants, office buildings, government installations, hospitals, or colleges, such as were involved in
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