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FEDERAL · 29 CFR

Part 794 — Partial Overtime Exemption for Employees of Wholesale or Bulk Petroleum Distributors Under Section 7(b)(3) of the Fair Labor Standards Act

52 sections · Title 29: Labor

§ 794.1General scope of the Act.
§ 794.2Purpose of this part.
§ 794.3Matters discussed in this part.
§ 794.4Significance of official interpretations.
§ 794.5Basic support for interpretations.
§ 794.6Reliance on interpretations.
§ 794.7Interpretations made, continued, and superseded by this part.
§ 794.100The statutory provision.
§ 794.101Intended scope of exemption.
§ 794.102Guides for construing exemptions.
§ 794.103Dependence of exemption on engagement in described distribution.
§ 794.104Enterprises engaged in described distribution and in other activities.
§ 794.105Other requirements for exemption.
§ 794.106Statutory definition of “enterprise.”
§ 794.107“Establishment” distinguished.
§ 794.108Scope of enterprise must be known before exemption tests can be applied.
§ 794.109Statutory basis for inclusion of activities in enterprise.
§ 794.110Activities excluded from the enterprise by the statute.
§ 794.111General characteristics of the statutory enterprise.
§ 794.112Only independent and local enterprises qualify for exemption.
§ 794.113The enterprise must be “local.”
§ 794.114The enterprise must be “independently owned and controlled.”
§ 794.115“Independently owned.”
§ 794.116“Independently * * * controlled.”
§ 794.117Effect of franchises and other arrangements.
§ 794.118Effect of unrelated activities.
§ 794.119Dependence of exemption on sales volume of the enterprise.
§ 794.120Meaning of “annual gross volume of sales.”
§ 794.121Exclusion of excise taxes.
§ 794.122Ascertainment of “annual” gross sales volume.
§ 794.123Method of computing annual volume of sales.
§ 794.124Computations on a fiscal year basis.
§ 794.125Grace period of 1 month for compliance.
§ 794.126Computations for a new business.
§ 794.127Exemption conditioned on making 75 percent of sales within the State.
§ 794.128Sales made to out-of-State customers.
§ 794.129Sales “made within the State” not limited to noncovered activity.
§ 794.130Not 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.
§ 794.134Distribution “for resale.”
§ 794.135Employees who are exempt.
§ 794.136Employees whose activities may qualify them for exemption.
§ 794.137Effect of activities other than “wholesale or bulk distribution of petroleum products.”
§ 794.138Workweek unit in applying the exemption.
§ 794.139Exempt and nonexempt activities in the workweek.
§ 794.140Compensation requirements for a workweek under section 7(b)(3).
§ 794.141Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements.
§ 794.142Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek.
§ 794.143Work exempt under another section of the Act.
§ 794.144Records to be maintained.