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. § 779.268

Grace period of 1 month for computation

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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).
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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). · cites it 2× “****** 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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