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. § 779.205

Enterprise must consist of “related activities.”

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The enterprise must consist of certain “related activities” performed for a common business purpose; activities which are not “related” are not a part of the enterprise even if performed by the same employer. Moreover, even if activities are “related” they may be excluded from the enterprise if they are performed only “for” the enterprise and not as a part of it by an independent contractor. This is discussed separately in § 779.206.

Notes of Decisions
Cited in 3 cases, 1976–1990 · leading case: Usery v. Mohs Realty Corp., 424 F. Supp. 20 (W.D. Wis. 1976).
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Usery v. Mohs Realty Corp., 424 F. Supp. 20 (W.D. Wis. 1976). “29 C.F.R. § 779.205 (1975). The regulations appeal to the legislative history of the Act which supports the view that activities are related when they are the “same or similar” or when they are “auxiliary and service activities such as central office and warehousing activities…”
Dole v. Odd Fellows Home Endowment Bd., 912 F.2d 689 (4th Cir. 1990). “See 29 C.F.R. § 779.205 (1989) (activities that are related may be excluded from enterprise if performed only “for” enterprise and not as a part of it by independent contractor).”
Donovan v. Star Bakery, Inc., 626 F. Supp. 1208 (D.P.R. 1986). “29 C.F.R. §§ 779.205 , et seq. 6 In accord with the legislative history and regulations this Court finds that both corporate defendants are engaged in the same business activities.”
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