29 C.F.R. § 779.341   Sales “made within the State” and “engagement in commerce” distinguished.


Title 29 - Labor


Title 29: Labor
PART 779—THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
Subpart D—Exemptions for Certain Retail or Service Establishments
Sales Made Within the State

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§ 779.341   Sales “made within the State” and “engagement in commerce” distinguished.

Sales to customers located in the same State as the establishment are sales made “within the State” even though such sales may constitute engagement in interstate commerce as where the sale: (a) Is made pursuant to prior orders from customers for goods to be obtained from outside the State; (b) contemplates the purchase of goods from outside the State to fill a customer's order; or (c) is made to a customer for use in interstate commerce or in production of goods for such commerce.

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