[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR779.100]

[Page 469-470]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 779_THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR 
SERVICES--Table of Contents
 
 Subpart B_Employment to Which the Act May Apply: Basic Principles and 
                           Individual Coverage
 
Sec. 779.100  Basic coverage in general.

                           General Principles


    Except as otherwise provided in specific exemptions, the minimum 
wage, maximum hours, overtime pay, equal pay, and child labor provisions 
of the Act have applied and continue to apply subsequent to the 1966 
amendments to employees who are individually engaged in interstate 
commerce or in the production of goods for such commerce as these terms 
are defined in the Act and to employees in certain enterprises described 
in the amended section 3(s) which were covered under section 3(s) of the 
Act prior to the amendments. Through the broadening of the definition of 
a covered enterprise the Act's coverage was extended to additional 
employees because of their employment in certain enterprises beginning 
February 1, 1967, and in certain other enterprises beginning February 1, 
1969. Such covered enterprises are described in section 3(s) as 
enterprises engaged in commerce or in the production of goods for 
commerce and further described in sections 3(s) (1) through (4) of the 
amended Act. A detailed discussion of the coverage of employees in those 
enterprises covered under the prior and amended Act of interest to the 
retail industry is contained in subpart C of this part. The employer 
must comply with the minimum wage and overtime requirements of the Act 
with respect to all employees who are covered either because they are 
individually engaged in interstate or foreign commerce or in the 
production of goods for such commerce, or because of their employment in 
an enterprise covered under the

[[Page 470]]

prior or amended enterprise definition of the Act, except those who may 
be denied one or both of these benefits by virtue of some specific 
exemption provision of the Act. Of special interest to the retailer in a 
covered enterprise is the exemption from the minimum wage and overtime 
provisions for certain small retail or service establishments of such 
enterprise. This exemption is applicable under the conditions and 
subject to exceptions stated in section 13(a) (2) of the Act to any 
retail or service establishment which has an annual dollar volume of 
sales of less than $250,000 (exclusive of certain excise taxes) even if 
the establishment is a part of an enterprise that is covered by the Act. 
This exemption and other exemptions of particular interest to retailers 
and their employees are discussed in subparts D and E of this part. The 
child labor provisions as they apply to retail or service businesses are 
discussed in subpart F of this part.