[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: 29CFR794.109]

[Page 703-704]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 794_PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK 
 
Subpart B_Exemption From Overtime Pay Requirements Under Section 7(b)(3) 
                               of the Act
 
Sec. 794.109  Statutory basis for inclusion of activities in enterprise.

    The ``enterprise'' for purposes of enterprise coverage under section 
3(s) and the exemption provision in section 7(b)(3), is defined in 
section 3(r) (Sec. 794.106) in terms of the activities in which it is 
engaged. All the ``related

[[Page 704]]

activities'' which are ``performed * * * by any person or persons for a 
common business purpose'' are included if they are performed ``either 
through unified operation or common control.'' This is true even if they 
are performed by more than one person, or in more than one establishment 
or by more than one corporate or other organizational unit. The 
definition specifically includes as a part of the enterprise, 
departments of an establishment operated through leasing arrangements. 
These statutory criteria are discussed in more detail in subsequent 
sections.