§ 779.308 Employed within scope of exempt business.
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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 › § 779.308: § 779.308 Employed within scope of exempt business.
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In order to meet the requirement of actual employment “by” the establishment, an employee, whether performing his duties inside or outside the establishment, must be employed by his employer in the work of the exempt establishment itself in activities within the scope of its exempt business. (See
Davis
v.
Goodman Lumber Co.,
133 F. 2d 52 (CA-4) (holding section 13(a)(2) exemption inapplicable to employees working in manufacturing phase of employer's retail establishment);
Wessling
v.
Carroll Gas Co.,
266 F. Supp. 795 (N.D. Iowa);
Oliveira
v.
Basteiro,
18 WH Cases 668 (S.D. Texas). See also,
Northwest Airlines
v.
Jackson,
185 F. 2d 74 (CA-8);
Walling
v.
Connecticut Co.,
154 F. 2d 522 (CA-2) certiorari denied, 329 U.S. 667; and
Wabash Radio Corp.
v.
Walling,
162 F. 2d 391 (CA-6).)
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