29 CFR 779.411
§ 779.411 Employee of a “retail or service establishment”.
United States · 29 CFR — Labor · Status: effective
Cite this
- Citation
- 29 CFR 779.411, § 779.411 Employee of a “retail or service establishment”, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/126340
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Full text
In order for an employee to come within the exemption from the overtime pay requirement provided by section 7(i) for certain employees receiving commissions, the employee must be employed by a retail or service establishment. The term “retail or service establishment” is defined in section 13(a)(2) of the Act. The definition is set forth in § 779.24; its application is considered at length in subpart D of this part. As used in section 7(i), as in other provisions of the Act, the term “retail or service establishment” means an establishment 75 per centum of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.