Title 29

PART 779 SUBPART C

Subpart C - Employment to Which the Act May Apply; Enterprise Coverage

• Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; Sec. 29(B), Pub. L. 93-259, 88 Stat. 55; 29 U.S.C. 201-219.
• 35 FR 5856, Apr. 9, 1970, unless otherwise noted.

29:3.1.1.2.40.3.258	SUBJGRP 258	Enterprise; the Business Unit
29:3.1.1.2.40.3.258.1	SECTION 779.200	779.200 Coverage expanded by 1961 and 1966 amendments.
29:3.1.1.2.40.3.258.2	SECTION 779.201	779.201 The place of the term “enterprise” in the Act.
29:3.1.1.2.40.3.258.3	SECTION 779.202	779.202 Basic concepts of definition.
29:3.1.1.2.40.3.258.4	SECTION 779.203	779.203 Distinction between “enterprise,” “establishment,” and “employer.”
29:3.1.1.2.40.3.258.5	SECTION 779.204	779.204 Common types of “enterprise.”
29:3.1.1.2.40.3.259	SUBJGRP 259	Related Activities
29:3.1.1.2.40.3.259.6	SECTION 779.205	779.205 Enterprise must consist of “related activities.”
29:3.1.1.2.40.3.259.7	SECTION 779.206	779.206 What are “related activities.”
29:3.1.1.2.40.3.259.8	SECTION 779.207	779.207 Related activities in retail operations.
29:3.1.1.2.40.3.259.9	SECTION 779.208	779.208 Auxiliary activities which are “related activities.”
29:3.1.1.2.40.3.259.10	SECTION 779.209	779.209 Vertical activities which are “related activities.”
29:3.1.1.2.40.3.259.11	SECTION 779.210	779.210 Other activities which may be part of the enterprise.
29:3.1.1.2.40.3.259.12	SECTION 779.211	779.211 Status of activities which are not “related.”
29:3.1.1.2.40.3.260	SUBJGRP 260	Common Business Purpose
29:3.1.1.2.40.3.260.13	SECTION 779.212	779.212 Enterprise must consist of related activities performed for a “common business purpose.”
29:3.1.1.2.40.3.260.14	SECTION 779.213	779.213 What is a common business purpose.
29:3.1.1.2.40.3.260.15	SECTION 779.214	779.214 “Business” purpose.
29:3.1.1.2.40.3.261	SUBJGRP 261	Unified Operation or Common Control
29:3.1.1.2.40.3.261.16	SECTION 779.215	779.215 General scope of terms.
29:3.1.1.2.40.3.261.17	SECTION 779.216	779.216 Statutory construction of the terms.
29:3.1.1.2.40.3.261.18	SECTION 779.217	779.217 “Unified operation” defined.
29:3.1.1.2.40.3.261.19	SECTION 779.218	779.218 Methods to accomplish “unified operation.”
29:3.1.1.2.40.3.261.20	SECTION 779.219	779.219 Unified operation may be achieved without common control or common ownership.
29:3.1.1.2.40.3.261.21	SECTION 779.220	779.220 Unified operation may exist as to separately owned or controlled activities which are related.
29:3.1.1.2.40.3.261.22	SECTION 779.221	779.221 “Common control” defined.
29:3.1.1.2.40.3.261.23	SECTION 779.222	779.222 Ownership as factor.
29:3.1.1.2.40.3.261.24	SECTION 779.223	779.223 Control where ownership vested in individual or single organization.
29:3.1.1.2.40.3.261.25	SECTION 779.224	779.224 Common control in other cases.
29:3.1.1.2.40.3.262	SUBJGRP 262	Leased Departments, Franchise and Other Business Arrangements
29:3.1.1.2.40.3.262.26	SECTION 779.225	779.225 Leased departments.
29:3.1.1.2.40.3.262.27	SECTION 779.226	779.226 Exception for an independently owned retail or service establishment under certain franchise and other arrangements.
29:3.1.1.2.40.3.262.28	SECTION 779.227	779.227 Conditions which must be met for exception.
29:3.1.1.2.40.3.262.29	SECTION 779.228	779.228 Types of arrangements contemplated by exception.
29:3.1.1.2.40.3.262.30	SECTION 779.229	779.229 Other arrangements.
29:3.1.1.2.40.3.262.31	SECTION 779.230	779.230 Franchise and other arrangements.
29:3.1.1.2.40.3.262.32	SECTION 779.231	779.231 Franchise arrangements which do not create a larger enterprise.
29:3.1.1.2.40.3.262.33	SECTION 779.232	779.232 Franchise or other arrangements which create a larger enterprise.
29:3.1.1.2.40.3.262.34	SECTION 779.233	779.233 Independent contractors performing work “for” an enterprise.
29:3.1.1.2.40.3.262.35	SECTION 779.234	779.234 Establishments whose only regular employees are the owner or members of his immediate family.
29:3.1.1.2.40.3.262.36	SECTION 779.235	779.235 Other “enterprises.”
29:3.1.1.2.40.3.263	SUBJGRP 263	Covered Enterprises
29:3.1.1.2.40.3.263.37	SECTION 779.236	779.236 In general.
29:3.1.1.2.40.3.263.38	SECTION 779.237	779.237 Enterprise engaged in commerce or in the production of goods for commerce.
29:3.1.1.2.40.3.263.39	SECTION 779.238	779.238 Engagement in described activities determined on annual basis.
29:3.1.1.2.40.3.263.40	SECTION 779.239	779.239 Meaning of “engaged in commerce or in the production of goods for commerce.”
29:3.1.1.2.40.3.264	SUBJGRP 264	Employees Handling, Selling, or Otherwise Working on Goods That Have Been Moved in or Produced for Commerce by Any Person
29:3.1.1.2.40.3.264.41	SECTION 779.240	779.240 Employees “handling * * * or otherwise working on goods.”
29:3.1.1.2.40.3.264.42	SECTION 779.241	779.241 Selling.
29:3.1.1.2.40.3.264.43	SECTION 779.242	779.242 Goods that “have been moved in” commerce.
29:3.1.1.2.40.3.264.44	SECTION 779.243	779.243 Goods that have been “produced for commerce by any person.”
29:3.1.1.2.40.3.265	SUBJGRP 265	Covered Retail Enterprise
29:3.1.1.2.40.3.265.45	SECTION 779.244	779.244 “Covered enterprises” of interest to retailers of goods or services.
29:3.1.1.2.40.3.265.46	SECTION 779.245	779.245 Conditions for coverage of retail or service enterprises.
29:3.1.1.2.40.3.266	SUBJGRP 266	Interstate Inflow Test Under Prior Act
29:3.1.1.2.40.3.266.47	SECTION 779.246	779.246 Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.
29:3.1.1.2.40.3.266.48	SECTION 779.247	779.247 “Goods” defined.
29:3.1.1.2.40.3.266.49	SECTION 779.248	779.248 Purchase or receive “goods for resale.”
29:3.1.1.2.40.3.266.50	SECTION 779.249	779.249 Goods which move or have moved across State lines.
29:3.1.1.2.40.3.266.51	SECTION 779.250	779.250 Goods that have not lost their out-of-State identity.
29:3.1.1.2.40.3.266.52	SECTION 779.251	779.251 Goods that have lost their out-of-State identity.
29:3.1.1.2.40.3.266.53	SECTION 779.252	779.252 Not in deliveries from the reselling establishment.
29:3.1.1.2.40.3.266.54	SECTION 779.253	779.253 What is included in computing the total annual inflow volume.
29:3.1.1.2.40.3.267	SUBJGRP 267	The Gasoline Service Establishment Enterprise
29:3.1.1.2.40.3.267.55	SECTION 779.254	779.254 Summary of coverage and exemptions prior to and following the 1966 amendments.
29:3.1.1.2.40.3.267.56	SECTION 779.255	779.255 Meaning of “gasoline service establishment.”
29:3.1.1.2.40.3.267.57	SECTION 779.256	779.256 Conditions for enterprise coverage of gasoline service establishments.
29:3.1.1.2.40.3.267.58	SECTION 779.257	779.257 Exemption applicable to gasoline service establishments under the prior Act.
29:3.1.1.2.40.3.268	SUBJGRP 268	Annual Gross Volume of Sales Made or Business Done
29:3.1.1.2.40.3.268.59	SECTION 779.258	779.258 Sales made or business done.
29:3.1.1.2.40.3.268.60	SECTION 779.259	779.259 What is included in annual gross volume.
29:3.1.1.2.40.3.268.61	SECTION 779.260	779.260 Trade-in allowances.
29:3.1.1.2.40.3.269	SUBJGRP 269	Excise Taxes
29:3.1.1.2.40.3.269.62	SECTION 779.261	779.261 Statutory provision.
29:3.1.1.2.40.3.269.63	SECTION 779.262	779.262 Excise taxes at the retail level.
29:3.1.1.2.40.3.269.64	SECTION 779.263	779.263 Excise taxes not at the retail level.
29:3.1.1.2.40.3.269.65	SECTION 779.264	779.264 Excise taxes separately stated.
29:3.1.1.2.40.3.270	SUBJGRP 270	Computing The Annual Volume
29:3.1.1.2.40.3.270.66	SECTION 779.265	779.265 Basis for making computations.
29:3.1.1.2.40.3.270.67	SECTION 779.266	779.266 Methods of computing annual volume of sales or business.
29:3.1.1.2.40.3.270.68	SECTION 779.267	779.267 Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.
29:3.1.1.2.40.3.270.69	SECTION 779.268	779.268 Grace period of 1 month for computation.
29:3.1.1.2.40.3.270.70	SECTION 779.269	779.269 Computations for a new business.

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