---
kind: "section"
citation: "29 C.F.R. § 779.350"
title: "29"
number: "779.350"
heading: "The section 13(a)(4) exemption does not apply to service establishments."
url: "https://uscodex.org/cfr/29/779.350"
---

# §779.350. The section 13(a)(4) exemption does not apply to service establishments.


The [section 13(a)(4)](/cfr/29/13.md?p=a-4) exemption applies to retail establishments engaged in the selling of goods. It does not apply to service establishments. If the establishment is a service establishment, it must qualify under [section 13(a)(2)](/cfr/29/13.md?p=a-2) in order to be exempt. A retail establishment selling goods, however, also may perform services incidental or necessary to the sale of such goods, such as a delivery service by a bakery store or installation of antennas by a radio dealer for his customers, without affecting the character of the establishment as a retail establishment qualified for exemption under [section 13(a)(4)](/cfr/29/13.md?p=a-4).


## 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.