29 C.F.R. § 779.227 Conditions which must be met for exception.
Title 29 - Labor
This exception, in accordance with its specific terms, will apply to exclude an establishment from enterprise coverage only if the following conditions are met: (a) The establishment must be a “retail or service establishment” as this term is defined in section 13(a)(2) of the Act (see discussion of this term in §§779.312 and 779.313); and (b) The retail or service establishment must not be an “enterprise” which is large enough to come within the scope of section 3(s) of the Act; and (c) The retail or service establishment must be under independent ownership.
Title 29: Labor
PART 779—THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
Subpart C—Employment to Which the Act May Apply; Enterprise Coverage
Leased Departments, Franchise and Other Business Arrangements
§ 779.227 Conditions which must be met for exception.

