29 C.F.R. § 779.268
Grace period of 1 month for computation
Where it is not practicable to compute the annual gross volume of sales or business under paragraph (b) of § 779.266 in time to determine obligations under the Act for the current quarter, an enterprise or establishment may use a 1-month grace period. If this 1-month grace period is used, the computations made under this section will determine its obligations under the Act for the 3-month period commencing 1 month after the end of the preceding calendar or fiscal quarter. Once adopted the same basis must be used for each successive 3-month period.
Notes of Decisions
Cited in 2
cases, 1969–2008 · leading case: Jackson v. Airways Parking Co., 297 F. Supp. 1366 (N.D. Ga. 1969).
Jackson v. Airways Parking Co., 297 F. Supp. 1366 (N.D. Ga. 1969). “29 C.F.R. 779.268. Without at this time computing the precise date at which the $1 million figure was reached by the enterprise, recovery will be limited to that period during which an enterprise existed.”
Sainvilus Francois v. Fried Green Tomatoes, Inc., 306 F. App'x 443 (11th Cir. 2008). “****** Since we find that the jury’s conclusion regarding gross revenues was reasonable for all three years, we do not need to address Fried Green Tomatoes's subargument regarding a potential grace period from liability based on 29 C.F.R. § 779.268 . This regulation would have…”
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