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. § 779.208

Auxiliary activities which are “related activities.”

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As stated in Senate Report No. 145, 87th Congress, 1st Session, cited in § 779.206, auxiliary and service activities, such as central office and warehousing activities and bookkeeping, auditing, purchasing, advertising and other similar services, also are “related activities.” When such activities are performed through unified operation or common control, for a common business purpose, they will be included in the enterprise. The following are some additional examples of auxiliary activities which are “related activities” and which may be included in the enterprise:

(a) Credit rating and collection services;

(b) Promotional activities including advertising, sign painting, display services, stamp redemptions, and prize contests;

(c) Maintenance and repair services of plant machinery and equipment including painting, decorating, and similar services;

(d) Store or plant engineering, site location and related survey activities;

(e) Detective, guard, watchmen, and other protective services;

(f) Delivery services;

(g) The operation of employee or customer parking lots;

(h) The recruitment, hiring and training activities, and other managerial services;

(i) Recreational and health facilities for customers or employees including eating and drinking facilities (note that employees primarily engaged in certain food service activities in retail establishments may be exempt from the overtime provisions under section 13(b)(18) of the Act if the specific conditions are met; see § 779.388);

(j) The operation of employee benefit and insurance plans; and

(k) Repair and alteration services on goods for sale or sold to customers.

Notes of Decisions
Cited in 5 cases, 1969–2004 · leading case: Jackson v. Airways Parking Co., 297 F. Supp. 1366 (N.D. Ga. 1969).
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Jackson v. Airways Parking Co., 297 F. Supp. 1366 (N.D. Ga. 1969). · cites it 2× “1660; 29 C.F.R. 779.208. Auxiliary and service activities may take numerous forms, such as maintenance by a management corporation wholly owned by a bank, of space occupied by the bank.”
Nelson v. Long Lines Ltd., 335 F. Supp. 2d 944 (N.D. Iowa 2004). “29 C.F.R. § 779.208 . When different business entities are involved, the critical inquiry is whether there is “ ‘operational interdependence in fact.”
Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor v. Kenneth C. Weber, Individually & D/B/A White House Cafeteria, 723 F.2d 1388 (8th Cir. 1984). “at 27 ; see also 29 C.F.R. § 779.208 (i) (including “recreational .”
Usery v. Mohs Realty Corp., 424 F. Supp. 20 (W.D. Wis. 1976). “29 C.F.R. § 779.208 (1975). In the case at hand, providing food and bar service and providing overnight accommodations are clearly not the “same,” and they are not strictly “similar” activities in terms of what is being provided.”
Dole v. Odd Fellows Home Endowment Bd., 912 F.2d 689 (4th Cir. 1990). “29 C.F.R. § 779.208 (j) (1989) (operation of employee benefit and insurance plans is “related activity”).”
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