---
kind: "section"
citation: "29 C.F.R. § 779.201"
title: "29"
number: "779.201"
heading: "The place of the term “enterprise” in the Act."
url: "https://uscodex.org/cfr/29/779.201"
---

# §779.201. The place of the term “enterprise” in the Act.


The term “enterprise” is defined in section 3(r) of the Act and, wherever used in the Act, is governed by this definition. ([§ 779.21(a)](/cfr/29/779.21.md?p=a) provides that portion of the definition of “enterprise” which is pertinent with respect to retail and service enterprises.) The term is a key in determining the applicability of the Act to these businesses. The “enterprise” is the unit for determining whether the conditions of [section 3(s)(1) through (5)](/cfr/29/3.md?p=s-1..s-5) of the prior Act and [section 3(s)(1) through (4)](/cfr/29/3.md?p=s-1..s-4) of the amended Act, including, where applicable, the requisite dollar volume are met. The “enterprise” is also the unit for determining which employees not individually covered by the Act are entitled to the minimum wage, overtime, and equal pay benefits, and to the child labor protection, under sections [6](/cfr/29/6.md), [7](/cfr/29/7.md), and [12](/cfr/29/12.md) of the Act. In general, if the “enterprise” comes within any of the categories described in [section 3(s)(1) through (5)](/cfr/29/3.md?p=s-1..s-5) of the prior Act or [section 3(s)(1) through (4)](/cfr/29/3.md?p=s-1..s-4) of the amended Act, all employees employed in the “enterprise” are covered by the Act and, regardless of their duties, are entitled to the Act's benefits unless a specific exemption applies.


## Notes

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; Sec. 29(B), Pub. L. 93-259, 88 Stat. 55; 29 U.S.C. 201-219.

### Source

Source: 35 FR 5856, Apr. 9, 1970, unless otherwise noted.
