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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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


29 CFR 794.101 - Intended scope of exemption.

  • Section Number: 794.101
  • Section Name: Intended scope of exemption.

    Under section 7(b)(3) of the Act, the intent of the exemption must 
be given effect in determining the scope of its application to an 
enterprise and to the employees of an enterprise. The statutory language 
must be applied to the facts in a manner consistent with the purpose of 
the exemption as evidenced by its legislative history. This purpose is 
to relieve the described enterprises from the application of the Act's 
general overtime pay requirements (in the limited manner specified in 
the exemption) to employment in their activities of distributing 
petroleum products. Such employment was stated to be affected by 
climatic, seasonal, and other pertinent factors characteristic of 
business operations in the distribution of such products. (See, in this 
connection, the following documents of 87th Cong., first sess.; H. Rept. 
No. 75, pp. 26, 27, 36; 105 Congressional Record (daily edition) p. 
4519; S. Rept. No. 145, pp. 37, 50; H. Rept. No. 327, p. 18; Hearings 
before Senate Subcommittee on Labor on S. 256, S. 879, and S. 895, at 
pp. 411-424; Hearings before House Special Subcommittee on Labor on H.R. 
2935, at pp. 422-425 and 627-629; and these documents of the 89th Cong., 
second sess.; H. Rept. No. 1366, pp. 12, 13, and 43; Cong. Record (daily 
edition) p. 10745; S. Rept. No. 1487, pp. 32 and 51.)
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