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. § 779.269

Computations for a new business

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When a new business is commenced the employer will necessarily be unable for a time to determine its annual dollar volume on the basis of a full 12-month period as described above. In many cases it is readily apparent that the enterprise or establishment will or will not have the requisite annual dollar volume specified in the Act. For example, where the new business consists of a large department store, or a supermarket, it may be clear from the outset that the business will meet the annual dollar volume tests so as to be subject to the requirements of the Act. In other cases, where doubt exists, the gross receipts of the new business during the first quarter year in which it has been in operation will be taken as representative of its annual dollar volume, in applying the annual volume tests of sections 3(s) and 13(a)(2), for purposes of determining its obligations under the Act in workweeks falling in the following quarter year period. Similarly, for purposes of determining its obligations under the Act in workweeks falling within ensuing quarter year periods, the gross receipts of the new business for the completed quarter year periods will be taken as representative of its annual dollar volume in applying the annual volume tests of the Act. After the new business has been in operation for a full calendar or fiscal year, the analysis can be made by the method described in paragraph (b) of § 779.266 with use of the grace period described in § 779.268, if necessary.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2014–2023 · leading case: Landeros v. Fu King, Inc., 12 F. Supp. 3d 1020 (S.D. Tex. 2014).
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Landeros v. Fu King, Inc., 12 F. Supp. 3d 1020 (S.D. Tex. 2014). “29 C.F.R. § 779.269 . Plaintiffs have sufficiently pleaded that Defendants’ gross receipts in the first quarter of its operation exceeded $125,000.”
Villagran v. La Herradura L L C (W.D. La. 2023). · cites it 3× “Plaintiffs suggest that multiplying $174,000 for one quarter as provided for in 29 C.F.R. § 779.269 , the total receipts of the Restaurant would have been in excess of the $500,000.”
Decker v. 'Murica LLC (D. Colo. 2020). · cites it 2× “There, the Defendants point to 29 C.F.R. § 779.269 , a regulation promulgated by the U.”
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