29 C.F.R. § 779.411
Employee of a “retail or service establishment”
In order for an employee to come within the exemption from the overtime pay requirement provided by section 7(i) for certain employees receiving commissions, the employee must be employed by a retail or service establishment. The term “retail or service establishment” is defined in section 13(a)(2) of the Act. The definition is set forth in § 779.24; its application is considered at length in subpart D of this part. As used in section 7(i), as in other provisions of the Act, the term “retail or service establishment” means an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry.
Notes of Decisions
Cited in 21
cases (5 in the last 5 years), 1993–2025 · leading case: Alston v. DIRECTV, Inc., 254 F. Supp. 3d 765 (D.S.C. 2017).
Alston v. DIRECTV, Inc., 254 F. Supp. 3d 765 (D.S.C. 2017). “at 1359 (citing 29 C.F.R. § 779.411 ); see also Schultz v.”
Sprint Nextel Corp. v. Middle Man, Inc., 822 F.3d 524 (10th Cir. 2016). “, 29 C.F.R. § 779.411 . Thus, Sprint may have intended the provision to avoid regulations governing sales intended for resale.”
Sprint Nextel Corp. v. Wireless Buybacks Holdings, 938 F.3d 113 (4th Cir. 2019). “§ 207 (i), and regulations identify retail establishments based on the percentage of goods and services “not for resale,” 29 C.F.R. § 779.411 . This tends to suggest the clause is not a promise, but just a statement of intent designed to ensure that Sprint is treated as a…”
Robert B. Reich, Sec'y of Labor United States Dep't of Labor v. Delcorp, Inc., a Corp. Arizona Carpet Cleaning, Inc., a Corp., 3 F.3d 1181 (8th Cir. 1993). “§ 213 (a)(2); see also 29 C.F.R. § 779.411 (1992) (definition of “retail or service establishment” the same in both § 213(a)(2) and § 207(i)).”
Charlot v. Ecolab, Inc., 136 F. Supp. 3d 433 (E.D.N.Y 2015). “, the definition of a retail or service establishment that was contained in that section still applies to the phrase as used in section 7(i)”); 29 C.F.R. § 779.411 (explaining that, for purposes'of section 7(i), the'definition of “retail or service establishment” is found in…”
Matrai v. DirecTV, LLC, 168 F. Supp. 3d 1347 (D. Kan. 2016). “” 29 C.F.R. § 779.411 . More explanation is found in-this regulation: Section 7(i) was enacted to relieve an employer from the obligation of paying overtime compensation to certain employees of a retail or service establishment paid wholly or in greater part on the basis of…”
Viciedo v. New Horizons Comput. Learning Ctr. of CoLumbus, Ltd., 246 F. Supp. 2d 886 (S.D. Ohio 2003). “” 29 C.F.R. § 779.411 . For purposes of determining whether certain goods or services are sold for “resale,” the term “sale” 2 means “any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.”
Schwind v. EW & Assocs., Inc., 371 F. Supp. 2d 560 (S.D.N.Y. 2005). “See 29 C.F.R. § 779.411 ; see also Reich v. Delcorp, Inc.”
Gatto v. Mortg. Specialists of Illinois, Inc., 442 F. Supp. 2d 529 (N.D. Ill. 2006). “1993) (citing 29 C.F.R. § 779.411 (1992)). The Department of Labor (“DOL”) promulgated regulations interpreting the term “retail or service establishment” expressly based on the *538 definition in § 213(a)(2).”
Alvarado v. Corp. Cleaning Serv., Inc., 719 F. Supp. 2d 935 (N.D. Ill. 2010). “2006); 29 C.F.R. §§ 779.411 , 779.24. 6 The Department of Labor (“DOL”) has promulgated regulations interpreting the term “retail or service establishment.”
Gieg v. Ddr, Inc., 407 F.3d 1038 (9th Cir. 2005). “29 C.F.R. § 779.411 . Although § 213(a)(2) was later repealed, courts have continued to apply its definition of “retail or service establishment” to Section 207(i).”
Salon Enter., Inc. v. Langford, 31 P.3d 290 (Kan. Ct. App. 2000). “” 29 C.F.R. § 779.411 (2000). *277 Ronald testified that all revenues at Par Exsalonce were generated by the services provided to customers and the sale of retail products.”
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