29 C.F.R. § 779.330

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

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

The third requirement for qualifying as a “retail or service establishment” within that term's statutory definition is that 75 percent of the retail or service establishment's annual dollar volume must be from sales of goods or of services (or of both) which are not made for resale. At least three-fourths of the total sales of goods or services (or of both) (measured by annual dollar volume) must not be made for resale. Except under the special provision in section 3(n) of the Act, discussed in § 779.335, the requirement that 75 percent of the establishment's dollar volume be from sales of goods or services “not for resale” is a separate test and a sale which “for resale” cannot be counted toward the required 75 percent even if it is recognized as retail in the particular industry. The prescribed 75 percent must be from sales which are both not for resale and recognized as retail.

Notes of Decisions

Cited in 3 cases, 1964–1975 · leading case: Acme Car & Truck Rentals, Inc. v. James Hooper, 331 F.2d 442 (5th Cir. 1964).

Sort: Relevance Newest Treatment

Acme Car & Truck Rentals, Inc. v. James Hooper, 331 F.2d 442 (5th Cir. 1964). · cites it 3× “This is found in 29 C.F.R. 779.330 (1962). "It should be noted, however, that transfers of goods from one retail or service establishment to another under the same ownership will not be considered as sales for resale.”

Wirtz v. Campus Chefs, Inc., 303 F. Supp. 1112 (N.D. Ga. 1968). “Its “sales are numerous and involve small quantities of goods and services,” are received by the “general consuming public” and easily distinguishable from a wholesale food operation.”

Hodgson v. ARA Servs., Inc., 392 F. Supp. 1167 (W.D. Va. 1975). “§ 203 (k) defines, however, *1173 the terms “sale” or “sell” as including any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition; the Code of Federal Regulations, 29 C.F.R. § 779.330 , stipulates that “resale” is the act of “selling…”

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.