29 C.F.R. PART 779--THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
TITLE 29--Labor
Subtitle B--REGULATIONS RELATING TO LABOR
CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
SUBCHAPTER B--STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS
PART 779--THE FAIR LABOR STANDARDS ACT AS APPLIED TO RETAILERS OF GOODS OR SERVICES
Subpart A--GENERAL
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Purpose of interpretative bulletin.
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General scope of the Act.
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Previous and new coverage.
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Pay standards for employees subject to previous coverage of the Act.
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Pay standards for newly covered employment.
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Matters discussed in this part.
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Matters discussed in other interpretative bulletins.
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Significance of official interpretations.
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Basic support for interpretations.
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Reliance on interpretations.
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Interpretations made,, and superseded by this part.
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Wage and wage payments to tipped employees.
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Employer, employee, and employ.
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Enterprise engaged in commerce or in the production of goods for commerce.
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Retail or service establishment.
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Subpart B--EMPLOYMENT TO WHICH THE ACT MAY APPLY: BASIC PRINCIPLES AND INDIVIDUAL COVERAGE
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Basic coverage in general.
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Guiding principles for applying coverage and exemption provisions.
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Employees ''engaged in commerce.''
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Employees ''engaged in the production of goods for commerce.''
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Employees engaged in activities ''closely related'' and ''directly essential'' to the production of goods for commerce.
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Employees employed by an independent employer.
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Goods produced for commerce.
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Amount of activities which constitute engaging in commerce or in the production of goods for commerce.
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Employees in retailing whose activities may bring them under the Act.
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Buyers and their assistants.
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Warehouse and stock room employees.
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Transportation employees.
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Custodial and maintenance employees.
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Salesmen and sales clerks.
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Employees providing central services for multi-unit organizations.
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Subpart C--EMPLOYMENT TO WHICH THE ACT MAY APPLY; ENTERPRISE COVERAGE
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Coverage expanded by 1961 and 1966 amendments.
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The place of the term ''enterprise'' in the Act.
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Basic concepts of definition.
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Distinction between ''enterprise,'' ''establishment,'' and ''employer.''
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Common types of ''enterprise.''
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Enterprise must consist of ''related activities.''
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What are ''related activities.''
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Related activities in retail operations.
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Auxiliary activities which are ''related activities.''
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Vertical activities which are ''related activities.''
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Other activities which may be part of the enterprise.
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Status of activities which are not ''related.''
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Enterprise must consist of related activities performed for a ''common business purpose.''
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What is a common business purpose.
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Statutory construction of the terms.
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''Unified operation'' defined.
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Methods to accomplish ''unified operation.''
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Unified operation may be achieved without common control or common ownership.
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Unified operation may exist as to separately owned or controlled activities which are related.
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''Common control'' defined.
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Control where ownership vested in individual or single organization.
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Common control in other cases.
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Exception for an independently owned retail or service establishment under certain franchise and other arrangements.
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Conditions which must be met for exception.
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Types of arrangements contemplated by exception.
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Franchise and other arrangements.
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Franchise arrangements which do not create a larger enterprise.
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Franchise or other arrangements which create a larger enterprise.
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Independent contractors performing work ''for'' an enterprise.
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Establishments whose only regular employees are the owner or members of his immediate family.
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Enterprise engaged in commerce or in the production of goods for commerce.
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Engagement in described activities determined on annual basis.
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Meaning of ''engaged in commerce or in the production of goods for commerce.''
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Employees ''handling * * * or otherwise working on goods.''
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Goods that ''have been moved in'' commerce.
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Goods that have been ''produced for commerce by any person.''
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''Covered enterprises'' of interest to retailers of goods or services.
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Conditions for coverage of retail or service enterprises.
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Inflow test under section 3(s)(1) of the Act prior to 1966 amendments.
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Purchase or receive ''goods for resale.''
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Goods which move or have moved across State lines.
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Goods that have not lost their out-of-State identity.
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Goods that have lost their out-of-State identity.
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Not in deliveries from the reselling establishment.
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What is included in computing the total annual inflow volume.
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Summary of coverage and exemptions prior to and following the 1966 amendments.
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Meaning of ''gasoline service establishment.''
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Conditions for enterprise coverage of gasoline service establishments.
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Exemption applicable to gasoline service establishments under the prior Act.
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Sales made or business done.
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What is included in annual gross volume.
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Excise taxes at the retail level.
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Excise taxes not at the retail level.
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Excise taxes separately stated.
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Basis for making computations.
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Methods of computing annual volume of sales or business.
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Fluctuations in annual gross volume affecting enterprise coverage and establishment exemptions.
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Grace period of 1 month for computation.
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Computations for a new business.
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Subpart D--EXEMPTIONS FOR CERTAIN RETAIL OR SERVICE ESTABLISHMENTS
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Exemptions depend on character of establishment.
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''Establishment'' defined; distinguished from ''enterprise'' and ''business.''
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Illustrations of a single establishment.
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Separate establishments on the same premises.
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Leased departments not separate establishments.
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Meaning and scope of ''employed by'' and ''employee of.''
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Employed within scope of exempt business.
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Employed ''in'' but not ''by.''
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Employees of employers operating multi-unit businesses.
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Employees working in more than one establishment of same employer.
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''Retail or service establishment'', defined in section 13(a)(2).
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''Goods'' and ''services'' defined.
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Traditional local retail or service establishments.
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Establishments outside ''retail concept'' not within statutory definition; lack first requirement.
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Partial list of establishments lacking ''retail concept.''
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Characteristics and examples of retail or service establishments.
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A retail or service establishment must be open to general public.
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Partial list of establishments whose sales or service may be recognized as retail.
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Inapplicability of ''retail concept'' to some types of sales or services of an eligible establishment.
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Second requirement for qualifying as a ''retail or service establishment.''
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Functions of the Secretary and the courts.
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Retail and wholesale distinguished.
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Effect of type of customer and type of goods or services.
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Third requirement for qualifying as a ''retail or service establishment.''
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Meaning of sales ''for resale.''
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Resale of goods in an altered form or as parts or ingredients of other goods or services.
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Goods sold for use as raw materials in other products.
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Sales of services for resale.
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Sales of building materials for residential or farm building construction.
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Sales of building materials for commercial property construction.
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Requirements of exemption summarized.
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Effect of 1961 and 1966 amendments.
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More than 50 percent intrastate sales required.
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Sales ''made within the State'' and ''engagement in commerce'' distinguished.
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Methods of computing annual volume of sales.
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Combinations of exemptions.
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Exemption provided in section 13(a)(4).
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Requirements for exemption summarized.
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Exemption limited to ''recognized retail establishment''; factories not exempt.
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Goods must be made at the establishment which sells them.
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The 85-percent requirement.
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The section 13(a)(4) exemption does not apply to service establishments.
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Requirements for exemption.
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Basis for classification.
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Who may qualify as exempt 13(a)(2) or 13(a)(4) establishments.
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Classification of lumber and building materials sales.
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Application of exemptions to employees.
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May qualify as exempt 13(a)(2) establishments; classification of coal sales.
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May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
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May qualify as exempt 13(a)(2) establishments.
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Classification of liquefied-petroleum-gas sales.
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Classification of other fuel oil sales.
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May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
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May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
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May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
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May qualify as exempt 13(a)(2) or 13(a)(4) establishments.
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Recapping or retreading tires for sale.
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Commercial stationers may qualify as exempt 13(a)(2) establishments.
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Printing and engraving establishments not recognized as retail.
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Funeral home establishments may qualify as exempt 13(a)(2) establishments.
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Cemeteries may qualify as exempt 13(a)(2) establishments.
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Some automobile, truck, and farm implement establishments may qualify for exemption under section 13(a)(2).
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Nonmanufacturing establishments with certain exempt employees under section 13(b)(10).
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Establishments within special exceptions or exemptions.
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May qualify as exempt 13(a)(2) establishments.
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''Hotel'' and ''motel'' exemptions under section 13(b)(8).
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May qualify as exempt establishments.
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May qualify as exempt establishments.
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Restaurants may qualify as exempt 13(a)(2) establishments.
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''Restaurant'' exemption under section 13(b) (8).
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Exemption provided for food or beverage service employees.
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Subpart E--PROVISIONS RELATING TO CERTAIN EMPLOYEES OF RETAIL OR SERVICE ESTABLISHMENTS
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''Executive'' and ''administrative'' employees defined.
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Administrative and executive employees in covered enterprises employed in other than retail or service establishments.
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Other section 13(a)(1) employees employed in covered enterprises.
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Learners other than ''student-learners''.
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Employee of a ''retail or service establishment''.
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Compensation requirements for overtime pay exemption under section 7(i).
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Methods of compensation of retail store employees.
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Types of employment in which this overtime pay exemption may apply.
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Computing employee's compensation for the representative period.
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What compensation ''represents commissions.''
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The ''representative period'' for testing employee's compensation.
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Grace period for computing portion of compensation representing commissions.
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Dependence of the section 7(i) overtime pay exemption upon the level of the employee's ''regular rate'' of pay.
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Recordkeeping requirements.
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Basic rate for computing overtime compensation of nonexempt employees receiving commissions.
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Subpart F--OTHER PROVISIONS WHICH MAY AFFECT RETAIL ENTERPRISES
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Statutory provisions; regulations in part 1500 of this title.
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The retailer and section 12(a).
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The retailer and section 12(c).
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''Oppressive child labor'' defined.
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Conditions that must be met for section 13(b)(11) exemption.
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''Finding by Secretary.''
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The recordkeeping regulations.
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Order and form of records.
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Period for preserving records.
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Regulations should be consulted.
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