29 C.F.R. § 779.241
Selling
The statutory definition of the term “sale” or “sell” is quoted in § 779.15. As long as the employee in any way participates in the sale of the goods he will be considered to be “selling” the goods, whether he physically handles them or not. Thus, if the employee performs any work that, in a practical sense is an essential part of consummating the “sale” of the particular goods, he will be considered to be “selling” the goods. “Selling” goods, under section 3(s) has reference only to goods which “have been moved in or produced for commerce by any person,” as discussed in §§ 779.242 and 779.243.
Notes of Decisions
Cited in 3
cases, 1969–2020 · leading case: Davina Hurt v. Com. Energy, Inc., 973 F.3d 509 (6th Cir. 2020).
Davina Hurt v. Com. Energy, Inc., 973 F.3d 509 (6th Cir. 2020). “” 29 C.F.R. § 779.241 . “Thus, if the employee performs any work that, in a practical sense is an essential part of consummating the ‘sale’ of the particular goods, he will be considered to be ‘selling’ the goods.”
Wirtz v. Keystone Readers Serv., Inc., 418 F.2d 249 (5th Cir. 1969). “For this argument he relies on the Secretary’s broad definition of participation in a sale, which appears at 29 C.F.R. § 779.241 . The argument that the “student salesmen” obtained orders or commitments as defined by the regulation ( 29 C.”
Ruggeri v. Boehringer Ingelheim Pharm., Inc., 585 F. Supp. 2d 308 (D. Conn. 2008). “” 29 C.F.R. § 779.241 . Thus, this regulation pertains to the liberally-construed scope of the FLSA vis-á-vis interstate commerce, not the narrowly construed outside sales exemption to its overtime pay requirement.”
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