# 29 CFR § 779.302: Exemptions depend on character of establishment

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-779.302

## Section

- **Citation:** 29 CFR § 779.302
- **Heading:** Exemptions depend on character of establishment
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** 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 D—Exemptions for Certain Retail or Service Establishments > “Establishment” Basis of Exemptions

## Text

Some exemptions depend on the character of the establishment by which an employee is employed. These include the “retail or service establishment” exemptions in sections 13(a) (2), (4), and (11) and the exemptions available to the establishments of the character specified in sections 13(a) (3), (9), and 13(b)(8) (first part). Therefore, if the establishment meets the tests enumerated in these sections, employees “employed by” that establishment are generally exempt from sections 6 and 7. (See §§ 779.307 to 779.309 discussing “employed by.”) Other exemptions establish two criteria, the character of the establishment and the nature of the conditions of the employment of the particular employee. Such exemptions are set forth in section 13(b)(8) (second part), and section 13(b)(18) and (19). To determine whether the exemptions of these sections apply it is necessary to determine both that the establishment meets the enumerated tests and that the employee is engaged in the enumerated activities or employed under the conditions specified. Thus, under section 13(b)(18) some of the employees of a given employer may be exempt from the overtime pay requirements (but not the minimum wage) of the Act, while others may not.

## Nearby sections

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-779.302. Check the current official text before relying on it. Not legal advice.