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 D—Exemptions for Certain Retail or Service Establishments
The term “goods” is defined in section 3(i) of the Act and has been discussed above in § 779.14. The Act, however, does not define the term “services.” The term “services,” therefore, must be given a meaning consistent with its usage in ordinary speech, with the context in which it appears and with the legislative history of the exemption as it explains the scope, the purposes and the objectives of the exemption. Although in a very general sense every business might be said to perform a service it is clear from the context and the legislative history that all business establishments are not making sales of “services” of the type contemplated in the Act; that is, services rendered by establishments which are traditionally regarded as local retail service establishments such as the restaurants, hotels, barber shops, repair shops, etc. (See §§ 779.315 through 779.320.) It is to these latter services only that the term “service” refers.
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 1973–2022 · leading case:
Luther v. Z. Wilson, Inc., 528 F. Supp. 1166 (S.D. Ohio 1981).
Luther v. Z. Wilson, Inc., 528 F. Supp. 1166 (S.D. Ohio 1981).
“We agree with the Wage and Hour Administrator that there is no retail concept in the real estate industry. See 29 C.F.R. § 779 .-317 (1979). Purchasing a home or other property is not part of the “everyday needs of the community,” but is a major investment occurring infrequently…”
Diggs v. Ovation Credit Servs., Inc. (M.D. Fla. 2020).
· cites it 2× “” 29 C.F.R. § 779.314 (emphasis added). See also Kelly, 2010 WL 1541585 , at *11 (“As for the meaning of the phrase ‘a retail or service establishment,’ the DOL has stated that the term ‘service establishment’ is to be understood to mean a ‘retail service establishment[ ].”
Dyal v. Pirtano Constr., Inc. (N.D. Ill. 2018).
“Under the regulations, a wholesale service establishment does not satisfy the exemption because it is not selling services “of the type contemplated in the Act,” 29 C.F.R. § 779.314 . “[T]he term ‘retail’ is to be interpreted, in the context of the congressional purposes and…”
Gonzalez v. Diamond Resorts Int'l Mktg., Inc. (D. Nev. 2021).
“” 29 C.F.R. § 779.314 . 5 Although in a very general sense every business might be said to perform a service it is clear from the context and the legislative history that all business establishments are not 6 making sales of “services” of the type contemplated in the Act; that…”
Delara v. Diamond Resorts Int'l Mktg., Inc. (D. Nev. 2021).
“” 29 C.F.R. § 779.314 . 5 Although in a very general sense every business might be said to perform a service it is clear from the context and the legislative history that all business establishments are not 6 making sales of “services” of the type contemplated in the Act; that…”
Umbrino v. L.A.R.E. Partners Network, Inc. (W.D.N.Y. 2022).
“” 29 C.F.R. § 779.314 . In addition, “the term ‘retail or service establishment’ as used in the [FLSA] does not encompass establishments in industries lacking a ‘retail concept.”
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