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Code of Federal Regulations Title 29. Labor § 29.104.204 What entities are not subject to this part?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) The following entities are excluded from the definition of “employer” under the National Labor Relations Act and are not subject to the requirements of this part:

(1) The United States or any wholly owned Government corporation;

(2) Any Federal Reserve Bank;

(3) Any State or political subdivision thereof;

(4) Any person subject to the Railway Labor Act;

(5) Any labor organization (other than when acting as an employer);  or

(6) Anyone acting in the capacity of officer or agent of such labor organization.

(b) In addition, employers employing exclusively workers who are excluded from the definition of “employee” under § 104.201 are not covered by the requirements of this part.

(c) This part does not apply to entities over which the Board has been found not to have jurisdiction, or over which the Board has chosen through regulation or adjudication not to assert jurisdiction.

(d)(1) This part does not apply to entities whose impact on interstate commerce, although more than de minimis, is so slight that they do not meet the Board's discretionary jurisdiction standards. The most commonly applicable standards are:

(i) The retail standard, which applies to employers in retail businesses, including home construction. The Board will take jurisdiction over any such employer that has a gross annual volume of business of $500,000 or more.

(ii) The nonretail standard, which applies to most other employers. It is based either on the amount of goods sold or services provided by the employer out of state (called “outflow”) or goods or services purchased by the employer from out of state (called “inflow”). The Board will take jurisdiction over any employer with an annual inflow or outflow of at least $50,000. Outflow can be either direct—to out-of-state purchasers—or indirect—to purchasers that meet other jurisdictional standards. Inflow can also be direct—purchased directly from out of state—or indirect—purchased from sellers within the state that purchased them from out-of-state sellers.

(2) There are other standards for miscellaneous categories of employers. These standards are based on the employer's gross annual volume of business unless stated otherwise. These standards are listed in the Table to this section.

Table to § 104.204

Employer category

Jurisdictional standard

Part II

Amusement industry․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Apartment houses, condominiums, cooperatives․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Architects․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Nonretail standard.

Art museums, cultural centers, libraries․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$1 million.

Bandleaders․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Retail/nonretail (depends on customer).

Cemeteries․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Colleges, universities, other private schools․․․․․․․․․․․․․․․․․․․․․․․

$1 million.

Communications (radio, TV, cable, telephone, telegraph)․․․․․․․․․․․․․

$100,000.

Credit unions․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Either retail or nonretail standard.

Day care centers․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$250,000.

Gaming industry․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Health care institutions:․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Nursing homes, visiting nurses associations․․․․․․․․․․․․․․․․․․․․․․․․․

$100,000.

Hospitals, blood banks, other health care facilities (including doctors' and dentists' offices)

$250,000.

Hotels and motels․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Instrumentalities of interstate commerce․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$50,000.

Labor organizations (as employers)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Nonretail standard.

Law firms; legal service organizations․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$250,000.

Newspapers (with interstate contacts)․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$200,000.

Nonprofit charitable institutions․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

Depends on the entity's substantive purpose.

Office buildings; shopping centers․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$100,000.

Private clubs․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Public utilities․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$250,000 or nonretail standard.

Restaurants․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Social services organizations․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$250,000.

Symphony orchestras․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$1 million.

Taxicabs․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$500,000.

Transit systems․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

$250,000.

(3) If an employer can be classified under more than one category, the Board will assert jurisdiction if the employer meets the jurisdictional standard of any of those categories.

(4) There are a few employer categories without specific jurisdictional standards:

(i) Enterprises whose operations have a substantial effect on national defense or that receive large amounts of Federal funds

(ii) Enterprises in the District of Columbia

(iii) Financial information organizations and accounting firms

(iv) Professional sports

(v) Stock brokerage firms

(vi) U. S. Postal Service

(5) A more complete discussion of the Board's jurisdictional standards may be found in An Outline of Law and Procedure in Representation Cases, Chapter 1, found on the Board's Web site, http://www.nlrb.gov.

(e) This part does not apply to the United States Postal Service.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 29. Labor § 29.104.204 What entities are not subject to this part? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-29-labor/cfr-sect-29-104-204/

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