[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR779.201]

[Page 429-430]
 
                             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 C_Employment to Which the Act May Apply; Enterprise Coverage
 
Sec. 779.201  The place of the term ``enterprise'' in the Act.

    The term ``enterprise'' is defined in section 3(r) of the Act and, 
wherever used in the Act, is governed by this definition. (Sec. 
779.21(a) provides that portion of the definition of ``enterprise'' 
which is pertinent with respect to retail and service enterprises.) The 
term is a key in determining the applicability of the Act to these 
businesses. The ``enterprise'' is the unit for determining whether the 
conditions of section 3(s)(1) through (5) of the prior Act and section 
3(s)(1) through (4) of the amended Act, including, where applicable, the 
requisite dollar volume are met. The ``enterprise'' is also the unit for 
determining which employees not individually covered by the Act are 
entitled to the minimum wage, overtime, and equal pay benefits, and to 
the child labor protection, under sections 6, 7, and 12 of the Act. In 
general, if the ``enterprise'' comes within any of the categories 
described in section 3(s)(1) through (5) of the prior Act or section 
3(s)(1) through (4) of the amended Act, all employees employed in the 
``enterprise'' are covered by the Act and, regardless of their duties, 
are entitled to

[[Page 430]]

the Act's benefits unless a specific exemption applies.