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BTLG Table of Contents > Sales and Use Tax Annotations > R > 480.0000 Retailer > Annotation 480.0100

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R

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480.0000 Retailer

Annotation 480.0100

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480.0100 Farm Labor Contractor. Under section 13(a)(2) and 13(a)(20) of the Fair Labor Standards Act (29 U.S.C.A. section 213(a)(2), 213(a)(20)), employees of "retail establishments" are exempt from coverage of the act. Pursuant to the decision of the U.S. District Court in Mitchell v. Anderson, 235 F.2d 638, the Wage-Hour Administrator in an opinion dated November 7, 1961, has concluded that kitchen employees of a farm labor contractor serving meals to Mexican Nationals employed by farmers, are not employees of a "retail establishment." Although, for the purposes of the Fair Labor Standards Act, the contractor is not a "retail establishment," nevertheless, the contractor is a "retailer," as defined in section 6015 of the Revenue and Taxation Code, whose gross receipts from sales of meals are subject to sales tax. 12/11/64.