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  2. A retail establishment is an establishment 75% of whose annual dollar volume of sales is not for resale and is recognized as retail in the particular industry. The Wage and Hour Division applies the analysis in 29 CFR Part 779 to all establishments when determining whether an establishment qualifies as a retail establishment.
    www.dol.gov/agencies/whd/fact-sheets/6-flsa-retail
    www.dol.gov/agencies/whd/fact-sheets/6-flsa-retail
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    What is a retail and service establishment?Retail and service establishments are defined as establishments 75% of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry.
    Does the FLSA apply to employees of the retail industry?This fact sheet provides general information concerning the application of the FLSA to employees of the retail industry. A retail establishment is an establishment 75% of whose annual dollar volume of sales is not for resale and is recognized as retail in the particular industry.
    Are employees of retail establishments covered by the Act?Employees of retail establishments may be covered by the Act in either of two ways. Any retail establishment that is part of an enterprise with an annual dollar volume of sales of at least $500,000 (exclusive of excise taxes at the retail level that are separately stated) must abide by the Act's requirements.
    What is the mission of the Department of Labor?The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
     
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