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

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

• Section Number: 794.127
• Section Name: Exemption conditioned on making 75 percent of sales within the State.

    A further requirement of the section 7(b)(3) exemption is that more 
than 75 percent of the sales of the enterprise engaged in the wholesale 
or bulk distribution of petroleum products (measured by annual dollar 
volume) must be made ``within the State in which such enterprise is 
located.'' This means that over 75 percent of the annual dollar volume 
of sales must be from sales to customers within the same State in which 
the enterprise is located. If 25 percent or more of its sales volume is 
from sales to customers outside the State of its location, the 
requirement is not met and the enterprise cannot qualify for exemption.