29 CFR 779.318 - Characteristics and examples of retail or service establishments

Cite as29 CFR 779.318
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83 practice notes
  • Takacs v. A.G. Edwards and Sons, Inc., No. 04 CV 1852 JAH (NLS).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • 2 de agosto de 2006
    ...arbitrary, and that the DOL's reasoning was "far from apparent from the Secretary's characterization" of retail establishments under 29 C.F.R. § 779.318. Thus, contrary to Defendant's statements, the Ninth Circuit did not find the entire list to be arbitrary, but rather limited its treatmen......
  • Viciedo v. New Horizons Computer Learning Center, No. 01-CV-280.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • 26 de fevereiro de 2003
    ...in small quantities of the products and skills of such Page 893 organization and does not take part in the manufacturing process. 29 C.F.R. § 779.318(a). The Court finds that NHC is a retail or service establishment under this regulatory criteria. First, more than seventy-five percent of NH......
  • Charlot v. Ecolab, Inc., No. 12 Civ. 4543(KAM)(VMS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 30 de setembro de 2015
    ...disposing in small quantities of the products and skills of such organization and does not take part in the manufacturing process.29 C.F.R. § 779.318(a). "The legislative history of the section 13(a)(2) exemption for certain retail or service establishments shows that Congress also intended......
  • Jackson v. Airways Parking Company, Civ. A. No. 11413.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 7 de março de 1969
    ...public but only to airport customers. It does not, he contends, serve the "everyday needs of the community in which it is located." 29 C.F.R. 779.318. This, we feel, is a distorted conception of the requirement. As the regulations make "An establishment, however, does not have to be actuall......
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60 cases
  • Takacs v. A.G. Edwards and Sons, Inc., No. 04 CV 1852 JAH (NLS).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • 2 de agosto de 2006
    ...arbitrary, and that the DOL's reasoning was "far from apparent from the Secretary's characterization" of retail establishments under 29 C.F.R. § 779.318. Thus, contrary to Defendant's statements, the Ninth Circuit did not find the entire list to be arbitrary, but rather limited its treatmen......
  • Viciedo v. New Horizons Computer Learning Center, No. 01-CV-280.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • 26 de fevereiro de 2003
    ...in small quantities of the products and skills of such Page 893 organization and does not take part in the manufacturing process. 29 C.F.R. § 779.318(a). The Court finds that NHC is a retail or service establishment under this regulatory criteria. First, more than seventy-five percent of NH......
  • Charlot v. Ecolab, Inc., No. 12 Civ. 4543(KAM)(VMS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 30 de setembro de 2015
    ...disposing in small quantities of the products and skills of such organization and does not take part in the manufacturing process.29 C.F.R. § 779.318(a). "The legislative history of the section 13(a)(2) exemption for certain retail or service establishments shows that Congress also intended......
  • Jackson v. Airways Parking Company, Civ. A. No. 11413.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • 7 de março de 1969
    ...public but only to airport customers. It does not, he contends, serve the "everyday needs of the community in which it is located." 29 C.F.R. 779.318. This, we feel, is a distorted conception of the requirement. As the regulations make "An establishment, however, does not have to be actuall......
  • Request a trial to view additional results
23 firm's commentaries
  • WHD Releases Six New FLSA Opinion Letters in January 2021 Addressing Exemptions, Overtime Pay Calculations for Tipped Employees, and the “Establishment” Requirement
    • United States
    • LexBlog United States
    • 3 de fevereiro de 2021
    ...in the general public, at the “end of the stream of distribution,” not in bulk, and do not involve the manufacturing process. See 29 C.F.R. § 779.318(a). Finally, the WHD found that the staffing agencies under review could meet the third (and last) component of the retail or service establi......
  • Wage And Hour Division Modifies Rules For FLSA's Retail Sales Exemption
    • United States
    • Mondaq United States
    • 29 de maio de 2020
    ...of the stream of distribution, disposes in small quantities their products/skills, and does not take part in the manufacturing process (29 CFR 779.318). In 1961, WHD implemented interpretive regulations setting forth two categorical lists - one containing industries that it viewed as "lacki......
  • DOL Issues Four New FLSA Opinion Letters
    • United States
    • LexBlog United States
    • 29 de agosto de 2018
    ...of the stream of distribution,” disposes its products in “small quantities,” and “does not take part in the manufacturing process.” 29 C.F.R. § 779.318(a). The DOL concluded that the company at issue in FLSA2018-21 satisfies these criteria, in part because it sells its platform to a variety......
  • DOL Issues Four New FLSA Opinion Letters
    • United States
    • JD Supra United States
    • 29 de agosto de 2018
    ...of the stream of distribution,” disposes its products in “small quantities,” and “does not take part in the manufacturing process.” 29 C.F.R. § 779.318(a). The DOL concluded that the company at issue in FLSA2018-21 satisfies these criteria, in part because it sells its platform to a variety......
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