29 CFR 779.313 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Statements Of General Policy Or Interpretation Not Directly Related To Regulations (§ 775.0 To § 794.144) — The Fair Labor Standards Act As Applied To Retailers Of Goods Or Services (§ 779.0 To § 779.515) — Exemptions For Certain Retail Or Service Establishments (§ 779.300 To § 779.388) — Statutory Meaning Of Retail Or Service Establishment (§ 779.312 And § 779.313) — Requirements summarized.

4 Aug 2016

The statutory definition of the term “retail or service establishment” found in section 13(a)(2), clearly provides that an establishment to be a “retail or service establishment”: (a) Must engage in the making of sales of goods or services; and (b) 75 percent of its sales of goods or services, or of both, must be recognized as retail in the particular industry; and (c) not over 25 percent of its sales of goods or services, or of both, may be sales for resale. These requirements are discussed below in §§ 779.314 through 779.341.

29 CFR 779.313