# 29 C.F.R. § 779.307 (2026): Meaning and scope of “employed by” and “employee of.”

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_307

## Section

- **Citation:** 29 C.F.R. § 779.307 (2026)
- **Heading:** Meaning and scope of “employed by” and “employee of.”
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 29 CFR: Labor / Chapter V: WAGE AND HOUR DIVISION, DEPARTMENT OF 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 / § 779.307: § 779.307   Meaning and scope of “employed by” and “employee of.”

## Text

Section 13(a)(2) as originally enacted in 1938 exempted any employee “engaged in” any retail or service establishment. The 1949 amendments to that section, however, as contained in section 13(a)(2) and (4) exempted any employee “employed by” any establishment described in those exemptions. The 1961 and 1966 amendments retained the “employed by” language of these exemptions. Thus, where it is found that any of those exemptions apply to an establishment owned or operated by the employer the employees “employed by” that establishment of the employer are exempt from the minimum wage and overtime provisions of the Act without regard to whether such employees perform their activities inside or outside the establishment. Thus, such employees as collectors, repair and service men, outside salesmen, merchandise buyers, consumer survey and promotion workers, and delivery men actually employed by an exempt retail or service establishment are exempt from the minimum wage and overtime provisions of the Act although they may perform the work of the establishment away from the premises. As used in section 13 of the Act, the phrases “employee of” and “employed by” are synonymous.

## Nearby sections

- [29 C.F.R. § 779.300 (2026) § 779.300   Purpose of subpart.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_300.md)
- [29 C.F.R. § 779.301 (2026) § 779.301   Statutory provisions.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_301.md)
- [29 C.F.R. § 779.302 (2026) § 779.302   Exemptions depend on character of establishment.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_302.md)
- [29 C.F.R. § 779.303 (2026) § 779.303   “Establishment” defined; distinguished from “enterprise” and “business.”](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_303.md)
- [29 C.F.R. § 779.304 (2026) § 779.304   Illustrations of a single establishment.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_304.md)
- [29 C.F.R. § 779.305 (2026) § 779.305   Separate establishments on the same premises.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_305.md)
- [29 C.F.R. § 779.306 (2026) § 779.306   Leased departments not separate establishments.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_306.md)
- [29 C.F.R. § 779.307 (2026) § 779.307   Meaning and scope of “employed by” and “employee of.”](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_307.md)
- [29 C.F.R. § 779.308 (2026) § 779.308   Employed within scope of exempt business.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_308.md)
- [29 C.F.R. § 779.309 (2026) § 779.309   Employed “in” but not “by.”](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_309.md)
- [29 C.F.R. § 779.310 (2026) § 779.310   Employees of employers operating multi-unit businesses.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_310.md)
- [29 C.F.R. § 779.311 (2026) § 779.311   Employees working in more than one establishment of same employer.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_311.md)
- [29 C.F.R. § 779.312 (2026) § 779.312   “Retail or service establishment”, defined in section 13(a)(2).](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_312.md)
- [29 C.F.R. § 779.313 (2026) § 779.313   Requirements summarized.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_313.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T29_P779_S779_307. Check the current official text before relying on it. Not legal advice.