# 29 CFR § 779.304: Illustrations of a single establishment

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-779.304

## Section

- **Citation:** 29 CFR § 779.304
- **Heading:** Illustrations of a single 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

(a) The unit store ordinarily will constitute the establishment contemplated by the exemptions. The mere fact that a store is departmentalized will not alter the rule. For example, the typical large department store carries a wide variety of lines which ordinarily are segregated or departmentalized not only as to location within the store, but also as to operation and records. Where such departments are operated as integral parts of a unit, the departmentalized unit taken as a whole ordinarily will be considered to be the establishment contemplated by the exemptions, even if there is diversity of ownership of some of the departments, such as leased departments.
(b) Some stores, such as bakery or tailor shops, may produce goods in a back room and sell them in the adjoining front room. In such cases if there is unity of ownership and if the back room and the front room are operated by the employer as a single store, the entire premises ordinarily will be considered to be a single establishment for purposes of the tests of the exemption, notwithstanding the fact that the two functions of making and selling the goods, are separated by a partition or a wall. (See H. Mgrs. St., 1949, p. 27.)

## 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-29-779.304. Check the current official text before relying on it. Not legal advice.