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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

Sec.

Name

794.100 

The statutory provision. Scope and Application in General

794.101 

Intended scope of exemption.

794.102 

Guides for construing exemptions.

794.103 

Dependence of exemption on engagement in described distribution.

794.104 

Enterprises engaged in described distribution and in other activities.

794.105 

Other requirements for exemption.

794.106 

Statutory definition of ``enterprise.''

794.107 

``Establishment'' distinguished.

794.108 

Scope of enterprise must be known before exemption tests can be applied.

794.109 

Statutory basis for inclusion of activities in enterprise.

794.110 

Activities excluded from the enterprise by the statute.

794.111 

General characteristics of the statutory enterprise.

794.112 

Only independent and local enterprises qualify for exemption.

794.113 

The enterprise must be ``local.''

794.114 

The enterprise must be ``independently owned and controlled.''

794.115 

``Independently owned.''

794.116 

``Independently * * * controlled.''

794.117 

Effect of franchises and other arrangements.

794.118 

Effect of unrelated activities.

794.119 

Dependence of exemption on sales volume of the enterprise.

794.120 

Meaning of ``annual gross volume of sales.''

794.121 

Exclusion of excise taxes.

794.122 

Ascertainment of ``annual'' gross sales volume.

794.123 

Method of computing annual volume of sales.

794.124 

Computations on a fiscal year basis.

794.125 

Grace period of 1 month for compliance.

794.126 

Computations for a new business.

794.127 

Exemption conditioned on making 75 percent of sales within the State.

794.128 

Sales made to out-of-State customers.

794.129 

Sales ``made within the State'' not limited to noncovered activity.

794.130 

Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum products for resale.

794.131 

``Customer * * * engaged in bulk distribution''.

794.132 

``Petroleum products''.

794.133 

``Bulk'' distribution.

794.134 

Distribution ``for resale.''

794.135 

Employees who are exempt.

794.136 

Employees whose activities may qualify them for exemption.

794.137 

Effect of activities other than ``wholesale or bulk distribution of petroleum products.''

794.138 

Workweek unit in applying the exemption.

794.139 

Exempt and nonexempt activities in the workweek.

794.140 

Compensation requirements for a workweek under section 7(b)(3).

794.141 

Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements.

794.142 

Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek.

794.143 

Work exempt under another section of the Act.

794.144 

Records to be maintained.

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