29 C.F.R. § 779.315

Traditional local retail or service establishments

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The term “retail” whether it refers to establishments or to the sale of goods or services is susceptible of various interpretations. When used in a specific law it can be defined properly only in terms of the purposes and objectives and scope of that law. In enacting the section 13(a)(2) exemption, Congress had before it the specific object of exempting from the minimum wage and overtime requirements of the Act employees employed by the traditional local retail or service establishment, subject to the conditions specified in the exemption. (See statements of Rep. Lucas, 95 Cong. Rec. pp. 11004 and 11116, and of Sen. Holland, 95 Cong. Rec. pp. 12502 and 12506.) Thus, the term “retail or service establishment” as used in the Act denotes the traditional local retail or service establishment whether pertaining to the coverage or exemption provisions.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1973–2023 · leading case: Peter J. Brennan, Sec'y of Labor, United States Dep't of Labor v. Great Am. Disc. & Credit Co., Inc., 477 F.2d 292 (5th Cir. 1973).

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Peter J. Brennan, Sec'y of Labor, United States Dep't of Labor v. Great Am. Disc. & Credit Co., Inc., 477 F.2d 292 (5th Cir. 1973). “Throughout the regulations are numerous references to “the traditional local retail or service establishment,” 29 C.F.R. § 779.315 ; “establishments which are traditionally regarded as local retail service establishments such as .”

Martin v. Refrigeration Sch., Inc., 968 F.2d 3 (9th Cir. 1992). “318(a), the regulations detail some of the characteristics of a retail establishment: it “serves the everyday needs of the community;” “is at the very end of the stream of distribution,” and “provides the general public its repair services and other services for the comfort and…”

Gonzalez v. Diamond Resorts Int'l Mktg., Inc. (D. Nev. 2021). · cites it 3× “” 29 C.F.R. § 779.315 . Consequently, “[n]ot only must the particular sales or 6 services in question be recognized as retail in the industry, but the industry itself must be one 7 which Congress contemplated as falling within the ‘retail concept’.”

Delara v. Diamond Resorts Int'l Mktg., Inc. (D. Nev. 2021). · cites it 3× “” 29 C.F.R. § 779.315 . Consequently, “[n]ot only must the particular sales or 6 services in question be recognized as retail in the industry, but the industry itself must be one 7 which Congress contemplated as falling within the ‘retail concept’.”

Salazar v. Driver Provider Phoenix LLC (D. Ariz. 2023). “27, 2021) (quoting 29 C.F.R. § 779.315 ). 1 To meet this definition, an establishment must be part of an industry in which there is a 2 “retail concept” and the business’s services must be recognized as retail in the industry.”

Dyal v. Pirtano Constr., Inc. (N.D. Ill. 2018). “’” Kelly, 2010 WL 1541585 , at *11 (quoting 29 C.F.R. § 779.315 ); 29 C.F.R. § 779.318 (“Typically a retail or service establishment is one which sells goods or services to the general public.”

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