This part 794 constitutes the official interpretation of the
Department of Labor with respect to the meaning and application of
section 7(b)(3) of the Act. This section provides a limited partial
exemption from the overtime provisions of section 7 of the Act (but not
from the minimum wage, child labor, equal pay, or recordkeeping
provisions) with respect to employees of an independently owned and
controlled local enterprise engaged in the wholesale or bulk
distribution of petroleum products, if the enterprise meets certain
specified conditions. This exemption was added to the Act by the 1966
Amendments, which repealed a complete overtime exemption previously
available for employees of such enterprises (section 13(b)(10) of the
Act as amended in 1961). It is the purpose of this part to make
available in one place the interpretations of the law governing this
exemption which will guide the Secretary of Labor and the Administrator
in the performance of their duties under the Act.
