29 C.F.R. § 779.382 May qualify as exempt 13(a)(2) establishments.
Title 29 - Labor
A hotel or motel establishment may qualify as an exempt retail or service establishment under section 13(a)(2) of the Act. However, the establishment must meet all of the requirements of section 13(a)(2) (see §779.337). In determining whether an establishment is a retail or service establishment within the meaning of section 13(a)(2) the dollar volume received from the leasing or rental of space to other than transient members of the general public cannot be counted as derived from retail sales of goods or services. Therefore, receipts from tenants who are not transient guests (see §779.383(c)) must be included in the 25 percent tolerance provided for sales for resale or sales not recognized as retail.
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
Hotels and Motels
§ 779.382 May qualify as exempt 13(a)(2) establishments.
