Content Last Revised: 10/22/70 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to ESA

Title 29

Labor

Chapter V

Wage and Hour Division, Department of Labor

Part 794

Partial Overtime Exemption for Employees of Wholesale or Bulk Petroleum Distributors Under Section 7(B)(3) of the Fair Labor Standards Act

Subpart B

Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act

• Section Number: 794.119
• Section Name: Dependence of exemption on sales volume of the enterprise.

    It is a requirement of the section 7(b)(3) exemption that the annual 
gross volume of sales of the enterprise must be less than $1 million 
exclusive of excise taxes. This dollar volume test is separate and 
distinct from the $250,000 annual gross volume (of sales made or 
business done) test in section 3(s)(1) of
the Act. This latter test is for the purpose of determining coverage as 
an enterprise engaged in commerce or in the production of goods for 
commerce; whereas the $1 million test is for limiting the 7(b)(3) 
exemption to enterprises with annual sales of less than that amount.