C.F.R. » Title 29 » 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

29 C.F.R. § 779.202

Basic concepts of definition

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Under the definition, the “enterprise” consists of “the related activities performed * * * for a common business purpose.” All of the activities comprising the enterprise must be “related.” Activities serving a single business purpose may be related, although different, but other activities which are not related are not included in the enterprise. The definition makes clear that the enterprise includes all such related activities which are performed through “unified operation” or “common control.” This is true even if they are performed by more than one person, or in more than one establishment, or by more than one corporate or other organizational unit. Specifically included, as a part of the enterprise, are departments of an establishment operated through leasing arrangements. On the other hand, the definition excludes from the “enterprise” activities only performed “for” the enterprise rather than as a part of it by an independent contractor even if they are related to the activities of the enterprise. Also, it makes clear that a truly independent retail or service establishment does not become a part of a larger enterprise merely because it enters into certain types of franchise or collective purchasing arrangements or because it has a common landlord with other such retail establishments.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2006–2024 · leading case: Bowrin v. Catholic Guardian Soc'y, 417 F. Supp. 2d 449 (S.D.N.Y. 2006).
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Bowrin v. Catholic Guardian Soc'y, 417 F. Supp. 2d 449 (S.D.N.Y. 2006). · cites it 2× “; see also 29 C.F.R. § 779.202 (“The definition makes clear that the enterprise includes all such related activities which are performed through ‘unified operation’ or ‘common control.”
Villareal v. El Chile, Inc., 776 F. Supp. 2d 778 (N.D. Ill. 2011). “The FLSA defines the term enterprise as “the related activities performed (either through unified operation or common control) by any person or persons for a common business purpose.” 29 U.S.C. § 203 (r)(l). As such, two or more individuals, entities or business units are…”
Morgan v. Speakeasy, LLC, 625 F. Supp. 2d 632 (N.D. Ill. 2007). “) Thus, Morgan argues that South and SpeakEasy are a single enterprise such that South is a covered employer under the FLSA. 12 (PI. Mem.”
Solis v. Int'l Detective & Prot. Serv., Ltd., 819 F. Supp. 2d 740 (N.D. Ill. 2011). “See 29 C.F.R. § 779.202 ; Brennan, 410 U.S. at 518 , 93 S.”
Gonzalez v. Old Lisbon Restaurant & Bar LLC, 820 F. Supp. 2d 1365 (S.D. Fla. 2011). · cites it 2× “29 C.F.R. § 779.202 ; Donovan v. Easton Land & Dev.”
Vignoli v. Clifton Apts., Inc., 930 F. Supp. 2d 1342 (S.D. Fla. 2013). “2d at 1368 (citing 29 C.F.R. § 779.202 ; Donovan v. Easton Land & Dev.”
Gonzalez v. Old Lisbon Restaurant & Bar L.L.C., 820 F. Supp. 2d 1365 (S.D. Fla. 2011). · cites it 2× “29 C.F.R. § 779.202 ; Donovan v. Easton Land & Dev.”
Ramirez v. Am. Tech. Ventures, LLC (S.D. Fla. 2021). “2011) (citing 29 C.F.R § 779.202; Donovan v. Easton Land & Dev.”
Vega v. Friends of Dolphins, LLC (M.D. Fla. 2024). “1984); 29 C.F.R. § 779.202 . Related Activities.”
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