29 CFR 779.316 - Establishments outside ''retail concept'' not within statutory definition; lack first requirement
| Cite as | 29 CFR 779.316 |
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43 practice notes
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Gilreath v. Daniel Funeral Home, Inc., No. 19646
...exists, since the transactions of an insurance company are not considered to be retail sales or services by the Secretary of Labor, 29 C.F.R. §§ 779.316-7, and the stipulated gross annual income of the two businesses here, when combined, fails to meet the 75 percent retail sales or services......
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Charlot v. Ecolab, Inc., No. 12 Civ. 4543(KAM)(VMS).
...concept", and, second, the establishment's sales or services must be recognized as retail in that particular industry. Id. (citing 29 C.F.R. §§ 779.316, 322.) In addition to operating in an industry that has a concept of retail sales or services, "a business must be ‘ordinarily available to......
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Johnson v. Wave Comm GR LLC, No. 6:10–CV–346.
...(2) the establishment's services must be recognized as retail in that particular industry. See Kelly, 2010 WL 1541585, at *11 (citing 29 C.F.R. §§ 779.316, .322).i. Retail Concept A business must have a retail concept before the industry characterization of its sales can be considered. Jone......
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Futrell v. Columbia Club, Inc., No. IP 69-C-176
...the retail concept does not apply was expanded to include "clubs and fraternal organizations with a select or restricted membership." 29 CFR § 779.316. The Court holds that the Club is not a retail and service The second key definition within the statute is "hotel, motel, and restaurant." T......
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33 cases
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Gilreath v. Daniel Funeral Home, Inc., No. 19646
...exists, since the transactions of an insurance company are not considered to be retail sales or services by the Secretary of Labor, 29 C.F.R. §§ 779.316-7, and the stipulated gross annual income of the two businesses here, when combined, fails to meet the 75 percent retail sales or services......
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Charlot v. Ecolab, Inc., No. 12 Civ. 4543(KAM)(VMS).
...concept", and, second, the establishment's sales or services must be recognized as retail in that particular industry. Id. (citing 29 C.F.R. §§ 779.316, 322.) In addition to operating in an industry that has a concept of retail sales or services, "a business must be ‘ordinarily available to......
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Johnson v. Wave Comm GR LLC, No. 6:10–CV–346.
...(2) the establishment's services must be recognized as retail in that particular industry. See Kelly, 2010 WL 1541585, at *11 (citing 29 C.F.R. §§ 779.316, .322).i. Retail Concept A business must have a retail concept before the industry characterization of its sales can be considered. Jone......
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Futrell v. Columbia Club, Inc., No. IP 69-C-176
...the retail concept does not apply was expanded to include "clubs and fraternal organizations with a select or restricted membership." 29 CFR § 779.316. The Court holds that the Club is not a retail and service The second key definition within the statute is "hotel, motel, and restaurant." T......
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9 firm's commentaries
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U.S. Department of Labor Withdraws the “Retail” and “Not Retail” Lists That Have Long Complicated the FLSA Section 7(i) Exemption
...and minimum wage exemption. Part of the test includes whether the business is in an industry in which a “retail concept” exists. See 29 C.F.R. § 779.316. WHD created two lists, each containing dozens of industries that the agency believed may (29 C.F.R. § 779.320) and may not (29 C.F.R. § 7......
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U.S. Department of Labor Withdraws the “Retail” and “Not Retail” Lists That Have Long Complicated the FLSA Section 7(i) Exemption
...and minimum wage exemption. Part of the test includes whether the business is in an industry in which a “retail concept” exists. See 29 C.F.R. § 779.316. WHD created two lists, each containing dozens of industries that the agency believed may (29 C.F.R. § 779.320) and may not (29 C.F.R. § 7......
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Wage And Hour Division Modifies Rules For FLSA's Retail Sales Exemption
...criteria required for employers to qualify as a "retail or service establishment," including that the employer have a "retail concept" (29 CFR 779.316). According to the DOL, an employer with a "retail concept" will typically sell goods and/or services to the general public, serve the day-t......
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DOL Withdraws ‘Retail Or Service Establishment’ Lists For Commissioned Employee Exemption Analysis
...of distribution,” disposes its products and skills “in small quantities,” and “does not take part in the manufacturing process.” 29 C.F.R. §§ 779.316, DOL’s Interpretative Rules In 1961, the DOL issued two interpretative rules, one providing a non-exhaustive list of nearly 90 types of estab......
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