[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: 29CFR779.24]

[Page 424]
 
                             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 A_General
 
Sec. 779.24  Retail or service establishment.

    In the 1949 amendments to the Act, the term ``retail or service 
establishment'', which was not previously defined in the law, was given 
a special definition for purposes of the Act. The legislative history of 
the 1961 and the 1966 amendments to the Act, which use the same term in 
a number of provisions relating to coverage and exemptions, indicates 
that no different meaning was intended by the term ``retail or service 
establishment'' as used in the new provisions from that already 
established by the Act's definition. On the contrary, the existing 
definition was reenacted in section 13(a)(2) of the Act as amended in 
1961 and 1966 as follows: ``A `retail or service establishment' shall 
mean 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''. The 
application of this definition, which has had much judicial construction 
since its original enactment, is considered at length in subpart D of 
this part. As is apparent from the quoted language, not every 
establishment which engages in retail selling of goods or services will 
constitute a ``retail or service establishment'' within the meaning of 
the Act.