29 C.F.R. § 779.382
May qualify as exempt 13(a)(2) establishments
A hotel or motel establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act. However, the establishment must meet all of the requirements of section 13(a)(2) (see § 779.337). In determining whether an establishment is a retail or service establishment within the meaning of section 13(a)(2) the dollar volume received from the leasing or rental of space to other than transient members of the general public cannot be counted as derived from retail sales of goods or services. Therefore, receipts from tenants who are not transient guests (see § 779.383(c)) must be included in the 25 percent tolerance provided for sales for resale or sales not recognized as retail.
Notes of Decisions
Cited in 1
case, 1978–1978 · leading case: Doris L. Gossett v. Du-Ra-Kel Corp., D/B/A Swanee's Motel, & Duane v. Swanson, Individually, 569 F.2d 869 (5th Cir. 1978).
Doris L. Gossett v. Du-Ra-Kel Corp., D/B/A Swanee's Motel, & Duane v. Swanson, Individually, 569 F.2d 869 (5th Cir. 1978). “” This statement goes to the definition of “retail” as set out in 29 C.F.R. 779.382. According to this regulation, a motel’s receipts from nontransient tenants do not count as “retail” and may not be counted in the twenty-five percent tolerance for nonretail sales.”
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