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

29 C.F.R. § 779.322

Second requirement for qualifying as a “retail or service establishment.”

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

If the business is one to which the retail concept is applicable then the second requirement for qualifying as a “retail or service establishment” within that term's statutory definition is that 75 percent of the establishment's annual dollar volume must be derived from sales of goods or services (or of both) which are recognized as retail sales or services in the particular industry. Under the Act, this requirement is distinct from the requirement that 75 percent of annual dollar volume be from sales of goods or services “not for resale” (§ 779.329); many sales which are not for resale lack a retail concept and the fact that a sale is not for resale cannot establish that it is recognized as retail in a particular industry. (See Wirtz v. Steepleton General Tire Co., 383 U.S. 190.) To determine whether the sales or services of an establishment are recognized as retail sales or services in the particular industry, we must inquire into what is meant by the terms “recognized” and “in the particular industry,” and into the functions of the Secretary and the courts in determining whether the sales are recognized as retail in the industry.

Notes of Decisions
Cited in 2 cases, 2008–2010 · leading case: Alvarado v. Corp. Cleaning Serv., Inc., 719 F. Supp. 2d 935 (N.D. Ill. 2010).
Sort: Relevance Newest Treatment
Alvarado v. Corp. Cleaning Serv., Inc., 719 F. Supp. 2d 935 (N.D. Ill. 2010). “See 29 C.F.R. § 779.322 (explaining that “many sales which are not for resale lack a retail concept and the fact that a sale is not for resale cannot establish that it is recognized as retail in a particular industry”).”
Liger v. New Orleans Hornets Nba Ltd. P'ship, 565 F. Supp. 2d 680 (E.D. La. 2008). “” 29 C.F.R. § 779.322 . The Plaintiffs have provided sufficient evidence to demonstrate that the majority of the Hornet’s income is derived from NBA broadcast revenue.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.