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Content Last Revised: 10/22/70
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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 794.143 - Work exempt under another section of the Act.

  • Section Number: 794.143
  • Section Name: Work exempt under another section of the Act.

    Where an employee performs work during his workweek, some of which 
is exempt under one section of the Act, and the remainder of which is 
exempt under another section or sections, of the Act, the exemptions may 
be combined. The employee's combination exemption is controlled in such 
case by that exemption which is narrower in scope. For example, if part 
of his work
is exempt from both minimum wage and overtime compensation under one 
section of the Act, and the rest is exempt only from the overtime pay 
requirements by virtue of section 7(b)(3), the employee is exempt that 
week from the overtime pay provisions, but not from the minimum wage 
requirements. Similarly, an employee who spends part of his workweek in 
work which would, if done throughout the week, exempt him completely 
from the overtime pay requirements, and the remainder of the week in 
work exempt from such requirements only to the extent and under the 
conditions specified in section 7(b)(3), could be exempt from overtime 
pay only to such extent and under such conditions. Thus where an 
employee spends part of his workweek in transporting petroleum products 
by tank truck for an employer in an enterprise described in section 
7(b)(3), and the remainder of his workweek in driving a taxicab for the 
employer's taxi business (work exempt from the overtime provisions under 
section 13(b)(17)), he is eligible for exemption from overtime pay only 
if he is compensated in such workweek in accordance with the provisions 
of section 7(b)(3) and only to the extent which that section provides.
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