Chapter 21 RETAIL OR SERVICE ESTABLISHMENT …

1 Chapter 21 TABLE OF CONTENTS Chapter 21 RETAIL OR SERVICE ESTABLISHMENT EXEMPTIONS FROM SECTIONS 6 AND 7 Source: FOH Modernization revision 687, published 04/20/2016. Substantive revisions made after 04/20/2016 are noted at the end of affected provisions below. Historical information on revisions published prior to 04/20/2016 can be found at the link beside this Chapter at Table of Contents 21a RETAIL OR SERVICE ESTABLISHMENT EXEMPTIONS: GENERAL 21a00 General provisions. 21a01 Application of section 13(a)(2). 21a02 Employees employed by a new RETAIL or SERVICE ESTABLISHMENT before it opens for business.

2 21a03 Use of FOH 21 and 29 CFR 779. 21a04 exemption effect on FLSA child labor and recordkeeping requirements. 21a05 (Reserved.) 21a06 Employees employed in the work of more than one ESTABLISHMENT of the same employer. 21a07 Incidental processing and servicing distinguished from manufacturing. 21a08 Establishments engaged in making sales through outside salesmen. 21a09 ESTABLISHMENT located on instrumentalities or facilities of commerce. 21a10 Vending machine establishments. 21b ESTABLISHMENT DETERMINATIONS 21b00 ESTABLISHMENT : single concession. 21b01 ESTABLISHMENT : multiple concessions.

3 21b02 Casinos in hotels. 21b03 Open to the public. 21c SPECIFIC APPLICATIONS: RETAIL CONCEPT AND SALES CRITERIA 21c00 Purpose and use. 21ca00 Advertising distribution. 21ca01 Airport limousine SERVICE . 21ca02 Airports: aviation sales and services . 21ca03 Auto, truck, and trailer rental. 21ca04 Auto repairs. 21ca05 Ambulance services . 21ca06 Apartment houses. 21ca07 Auto license plate sales by RETAIL establishments. 21cb00 Baby chicks. 21cb01 Boatyards. 21cb02 Beauty preparations and cosmetics. 21cc00 Contract mail hauling. 21cc01 Contract post offices. 21cc02 Concrete blocks and flues.

4 Chapter 21 TABLE OF CONTENTS 21cd00 (Reserved.) 21cd01 Driving schools. 21ce00 Exterminating SERVICE . 21cf00 Farm implement sales. 21cf01 Florists Telegraph Delivery sales. 21cg00 Gambling receipts. 21cg01 Golf shops in country clubs. 21cg02 Gasoline sales to truckers. 21cg03 Civic and convention centers. 21ch00 Hotels, motels, and restaurants: competitive bid sales. 21ci00 Industrial maintenance services . 21cj00-k00 (Reserved.) 21cL00 Lumber and building materials sales to contractors or builders. 21cL01 Laundry operations by employees of hotels, motels, or restaurants. 21cL02 Laundry establishments excluded from the section 13(a)(2) exemption .

5 21cL03 Libraries. 21cm00 Meals sold to airlines. 21cm01 Medical, surgical, and hospital equipment and supplies. 21cm02 Motion picture films and equipment. 21cm03 Moving and storage. 21cm04 Medicines and drugs. 21cm05 Mortuaries. 21cm06 Mobile homes. 21cn00 (Reserved.) 21co00 Optometrist. 21co01 Orthopedic and prosthetic sales. 21cp00 Painting. 21cp01 Parcel checking in transportation terminal. 21cp02 Pawnshops. 21cp03 Photography. 21cp04 Plumbing and heating equipment. 21cp05 Paint sales. 21cp06 Parking lots and garages. 21cp07 Parking lots or garages located at transportation terminals.

6 21cp08 Photofinishing receiving stations. 21cq00 (Reserved.) 21cr00 Reception centers for foreign migratory workers. 21cr01 Religious articles. 21cr02 Re-upholstering furniture for hotels. 21cs00 Sporting goods. 21cs01 Stationery and office equipment. 21cs02 Shoe repair shops. 21ct00 Television sets, parts, installation and repair services . 21ct01 Transportation tickets. 21ct02 Towing and wrecker services . 21ct03 Truck stops. 21ct04 Temporary help firms. 21cu00 (Reserved.) 21cv00 Vending machine installation and maintenance. 21cw00 Well drilling. 21cw01 Wrecking or dismantling buildings.

7 Chapter 21 TABLE OF CONTENTS 21cw02 Wallpaper sales. 21d RETAIL ESTABLISHMENTS MAKING OR PROCESSING GOODS FOR SALE: FLSA section 13(a)(4): GENERAL PRINCIPLES 21d00 General provisions and 29 CFR 779. 21d01 Where FLSA section 13(a)(4) exemption is inapplicable. 21d02 Homeworkers employed by exempt ESTABLISHMENT . 21d03 Recordkeeping under section 13(a)(4). 21d04 Example of application of section 13(a)(4) requirements. 21e APPLICATION OF section 13(a)(4): RETAIL RECOGNITION OF ESTABLISHMENT 21e00 Purpose and use. 21ea00 Auto engines or transmissions rebuilt. 21ea01 Auto wrecking. 21eb00 Bakeries.

8 21ec00 Canvas covers. 21ec01 Concrete blocks, flues, and pipe manufacture. 21ec02 Concrete, ready-mix. 21ec03 Curtains, slip covers, and draperies. 21ed00 Dairy plants. 21ee00 (Reserved.) 21ef00 Farm implements manufacture. 21ef01 Fertilizer manufacturers. 21eg00-h00 (Reserved.) 21ei00 Ice substations and vending machines. 21ej00-k00 (Reserved.) 21eL00 Lumber and building materials dealers. 21em00 Mattress manufacture. 21em01 Mobile home manufacturers. 21en00 (Reserved.) 21eo00 Optician. 21ep00 Photographic studios: developing and printing. 21f-g (RESERVED) 21h RETAIL OR SERVICE ESTABLISHMENTS: EMPLOYEES COMPENSATED PRINCIPALLY BY COMMISSIONS: FLSA section 7(i) 21h00 General provisions and 29 CFR 779.

9 21h01 Recordkeeping requirements. 21h02 Representative period for applying section 7(i) to new employees. 21h03 Regular rate determinations under section 7(i)(1). 21h04 Commissions computed as a percentage of charges for services . 21h05 Failure to choose a representative period. 21h06 Commissions paid to department or store managers. 21h07 SERVICE charges may be commissions. 21h08 Laundry and similar establishments excluded from section 7(i) exemption . Chapter 21 TABLE OF CONTENTS 21i MOTION PICTURE THEATERS: section 13(b)(27) 21i00 General provisions. 21i01 Motion picture theater defined.

10 21i02 Application of section 13(a)(2). 21i03 Application of section 13(a)(3). 21j (RESERVED) 21k HOTELS, MOTELS, RESTAURANTS: section 13(b)(8) 21k00 General provisions. 21k01 Applicable overtime standard. 21k02 Maids and custodial workers in hotels and motels. 21k03 Restaurants in private clubs. 21k04 Incidental activities by employees of a restaurant, hotel, or motel. 21k05 Multi-unit motel, hotel, or restaurant organization central functions. 21k06 section 13(b)(8) may apply to a restaurant employee engaged in laundering. 21k07 Hotel employees: construction activities. 21k08 Campsites and campgrounds.