29 C.F.R. § 779.313
Requirements summarized
The statutory definition of the term “retail or service establishment” found in section 13(a)(2), clearly provides that an establishment to be a “retail or service establishment”: (a) Must engage in the making of sales of goods or services; and (b) 75 percent of its sales of goods or services, or of both, must be recognized as retail in the particular industry; and (c) not over 25 percent of its sales of goods or services, or of both, may be sales for resale. These requirements are discussed below in §§ 779.314 through 779.341.
Notes of Decisions
Cited in 8
cases (6 in the last 5 years), 2006–2026 · leading case: Takacs v. AG Edwards & Sons, Inc., 444 F. Supp. 2d 1100 (S.D. Cal. 2006).
Takacs v. AG Edwards & Sons, Inc., 444 F. Supp. 2d 1100 (S.D. Cal. 2006). “207 (i) sets forth three criteria for establishing whether a business can be defined as a “retail or service establishment”: • it must engage in the making of sales of goods or services; • 75% of its sales of good or services, or both, must be recognized as retail in the…”
Alvarado v. Corp. Cleaning Serv., Inc., 719 F. Supp. 2d 935 (N.D. Ill. 2010). “" 29 C.F.R. § 779.313 . Here there is no dispute that CCS sells window washing services.”
Simmons v. Futo's, Inc. (N.D. Ga. 2022). “Whether Futo’s Qualifies as a Retail or Service Establishment Under the FLSA The parties disagree as to whether Futo’s constituted a retail or service establishment under 29 C.F.R. § 779.313 and 29 U.S.C. § 207 (i).”
Manzo v. Engrained Cabinetry & Countertops LLC (D. Ariz. 2024). “28 29 CFR § 779.313 . 1 Plaintiffs make two primary arguments in their Motion.”
Salazar v. Driver Provider Phoenix LLC (D. Ariz. 2023). “” 26 29 C.F.R. § 779.313 . Additionally, this exemption “is available only to a ‘traditional local 27 retail or service establishment.”
Salazar v. Driver Provider Phoenix LLC (D. Ariz. 2023). “” 29 C.F.R. § 779.313 . 24 Defendants also point to the Seventh Circuit’s critique of the DOL regulations’ 25 definitions in relation to the FLSA, in which they find: 26 [The DOL regulations] attempt to define a ‘retail or service establishment’ by listing factors of dubious…”
Doss v. Custom Auto Serv. Inc (E.D. Ark. 2022). “” 29 C.F.R. § 779.313 Defendants acknowledge that CAS provides auto body collision repair services to individuals and some commercial clients.”
Benjamin Weiss v. Walter Scott Spencer, et al. (D. Colo. 2026). “” 29 C.F.R. § 779.313 . Similarly, the CWA has a commission sales exception, which provides that the following employees are exempt: Sales employees of retail or service industries paid on a commission basis, provided that at least 50% of their total earnings in the pay period…”
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