# 29 CFR § 779.324: Recognition “in.”

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-779.324

## Section

- **Citation:** 29 CFR § 779.324
- **Heading:** Recognition “in.”
- **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 > “Recognized” as Retail “in the Particular Industry”

## Text

The express terms of the statutory provision requires the “recognition” to be “in” the industry and not “by” the industry. Thus, the basis for the determination as to what is recognized as retail “in the particular industry” is wider and greater than the views of an employer in a trade or business, or an association of such employers. It is clear from the legislative history and judicial pronouncements that it was not the intent of this provision to delegate to employers in any particular industry the power to exempt themselves from the requirements of the Act. It was emphasized in the debates in Congress that while the views of an industry are significant and material in determining what is recognized as a retail sale in a particular industry, the determination is not dependent on those views alone. (See 95 Cong. Rec. pp. 12501, 12502, and 12510; Wirtz v. Steepleton General Tire Co., 383 U.S. 190; Mitchell v. City Ice Co., 273 F. 2d 560 (CA-5); Durkin v. Casa Baldrich, Inc., 111 F. Supp. 71 (DCPR) affirmed 214 F. 2d 703 (CA-1); see also Aetna Finance Co. v. Mitchell, 247 F. 2d 190 (CA-1).) Such a determination must take into consideration the well-settled habits of business, traditional understanding and common knowledge. These involve the understanding and knowledge of the purchaser as well as the seller, the wholesaler as well as the retailer, the employee as well as the employer, and private and governmental research and statistical organizations. The understanding of all these and others who have knowledge of recognized classifications in an industry, would all be relevant in the determination of the question.

## 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-29-779.324. Check the current official text before relying on it. Not legal advice.