The general nature of the activities of a wholesale or bulk
petroleum distribution enterprise in which an employee must be engaged
in order to come within the intent of the section 7(b)(3) exemption is
discussed in Secs. 794.136 through 794.137. In each case where an
employee of the enterprise is engaged for a substantial portion of his
workweek in activities which do not appear to be a part of the wholesale
or bulk distribution of petroleum products, it will be necessary to
examine such activities and the manner and extent of their performance
to determine whether they are included in or are foreign to the
activities customarily performed as an incident to or in conjunction
with such distribution in the enterprises of the industry which
distributes such products. If they are foreign to the activities thus
customarily performed, engagement in them by the employee for a
substantial portion of his workweek will render section 7(b)(3)
inapplicable to him for that workweek. On the other hand, where an
employee, who is otherwise engaged in the exempt activities (the
wholesale or bulk distribution of petroleum products, including
activities which are a necessary part thereof, and in activities
customarily performed in the enterprises of the industry as an incident
thereto or in conjunction therewith), devotes an insubstantial amount of
time (for administrative purposes, not more than 20 percent in a
workweek) to these foreign activities, the section 7(b)(3) exemption
will not for that reason be considered inapplicable to him.
