---
kind: "section"
citation: "29 C.F.R. § 794.107"
title: "29"
number: "794.107"
heading: "“Establishment” distinguished."
url: "https://uscodex.org/cfr/29/794.107"
---

# §794.107. “Establishment” distinguished.


The “enterprise” referred to in the [section 7(b)(3)](/cfr/29/7.md?p=b-3) exemption is to be distinguished from an “establishment”. As used in the Act, the term “establishment”, which is not specially defined therein, refers to a “distinct physical place of business” rather than to “an entire business or enterprise” which may include several separate places of business. (See Phillips v. Walling, 324 U.S. 490; Mitchell v. Bekins Van & Storage Co., 352 U.S. 1027; 95 Congressional Record 12505, 12579, 14877; H. Rept. No. 1453, 81st Cong., first session, p. 25.) It will be noted from the definition of “enterprise” in [section 3(r)](/cfr/29/3.md?p=r), as set forth in [§ 794.106](/cfr/29/794.106.md), that the activities of the enterprise may be “performed in one or more establishments,” and [section 7(b)(3)](/cfr/29/7.md?p=b-3) specifies that the enterprises to which its exemption requirements are applicable will include “an enterprise with more than one bulk storage establishment.”


## Notes

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended; 29 U.S.C. 201-219.

### Source

Source: 35 FR 16510, Oct. 22, 1970, unless otherwise noted.