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. § 779.221

“Common control” defined

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Under the definition the “enterprise” includes all related activities performed through “common control” for a common business purpose. The word “control” may be defined as the act of fact of controlling; power or authority to control; directing or restraining domination. “Control” thus includes the power or authority to control. In relation to the performance of the described activities, the “control,” referred to in the definition in section 3(r) includes the power to direct, restrict, regulate, govern, or administer the performance of the activities. “Common” control includes the sharing of control and it is not limited to sole control or complete control by one person or corporation. “Common” control therefore exists where the performance of the described activities are controlled by one person or by a number of persons, corporations, or other organizational units acting together. This is clearly supported by the definition which specifically includes in the “enterprise” all such activities whether performed by “one or more corporate or other organizational units.” The meaning of “common control” is discussed comprehensively in part 776 of this chapter.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1969–2023 · leading case: Elaine L. Chao, Sec'y of Labor v. A-One Med. Servs., Inc. Alt. Rehab. Home Healthcare, Inc. Lorraine Black & Hanahn Korman, 346 F.3d 908 (9th Cir. 2003).
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Elaine L. Chao, Sec'y of Labor v. A-One Med. Servs., Inc. Alt. Rehab. Home Healthcare, Inc. Lorraine Black & Hanahn Korman, 346 F.3d 908 (9th Cir. 2003). “” 29 C.F.R. § 779.221 . “ ‘[Control’ ... includes the power to direct, restrict, regulate, govern, or administer the performance of the activities.”
Villareal v. El Chile, Inc., 776 F. Supp. 2d 778 (N.D. Ill. 2011). “” 29 C.F.R. § 779.221 . “ ‘[Control’ ... includes the power to direct, restrict, regulate, govern, or administer the performance of the activities.”
Bowrin v. Catholic Guardian Soc'y, 417 F. Supp. 2d 449 (S.D.N.Y. 2006). “. ” 29 C.F.R. § 779.217 . According to the DOL regulations, “control” includes the “power to direct, restrict, regulate, govern, or administer the performance of the activities.”
William E. Brock, Sec'y, United States Dep't of Labor v. Farouk Hamad, (Two Cases), 867 F.2d 804 (4th Cir. 1989). “” 29 C.F.R. § 779.221 (1987). Not only did Ha-mad concede that he “controlled]” the activities of the enterprise but actually under his testimony, “control” by him qualified under 29 C.”
Locke v. St. Augustine's Episcopal Church, 690 F. Supp. 2d 77 (E.D.N.Y 2010). “(quoting 29 C.F.R. § 779.221 (1970)). St. Augustine’s performs the following activities: (1) conducts religious services, (2) accepts charitable contributions, (3) operates a Sunday school and conducts music lessons, (4) sells candles and wafers, (5) employs clergy,…”
Reich v. Bay, Inc., 23 F.3d 110 (5th Cir. 1994). ““Common” control therefore exists where the performance of the described activities are controlled by one person or by a number of persons, corporations, or other organizational units acting together, 29 C.F.R. § 779.221 . The similarities between those in control of Bay and BBI…”
Flores v. Act Event Servs., Inc., 55 F. Supp. 3d 928 (N.D. Tex. 2014). “” 29 C.F.R. § 779.221 . Finally, a “common business purpose” is present when activities “are directed to the same business objective or to similar objectives in which the group has an interest.”
Orozco v. Plackis, 952 F. Supp. 2d 819 (W.D. Tex. 2013). “3d at 114 -15 (quoting 29 C.F.R. § 779.221 ). A common business purpose exists if “the separate corporations engaged in complementary businesses, and were to a significant degree operationally interdependent.”
Shultz v. Arnheim & Neely, Inc., 324 F. Supp. 987 (W.D. Pa. 1969). “29 C.F.R. § 779.221 . Likewise, the ac *995 tivities of the employees in each building serve a “common business purpose.”
Ramirez v. Liberty One Grp. LLC (S.D.N.Y. 2023). “” 29 C.F.R. § 779.221 . “‘Common’ control therefore exists where the performance of the described activities is controlled by one person or by a number of persons, corporations, or other organizational units acting together.”
Elmy v. W. Express, Inc. (M.D. Tenn. 2020). “” 29 C.F.R. § 779.221 . A “common business purpose” is present when activities “are directed to the same business objective or to similar objectives in which the group has an interest.”
Weiss v. Aniwa LLC (E.D. Wis. 2023). “” 29 C.F.R. § 779.221 . Urban owns Jay’s North and Jay’s Milwaukee.”
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