Title 29, 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
Section 794.1
General scope of the Act.
Section 794.2
Purpose of this part.
Section 794.3
Matters discussed in this part.
Section 794.4
Significance of official interpretations.
Section 794.5
Basic support for interpretations.
Section 794.6
Reliance on interpretations.
Section 794.7
Interpretations made, continued, and superseded by this part.
Section 794.100
The statutory provision.
Section 794.101
Intended scope of exemption.
Section 794.102
Guides for construing exemptions.
Section 794.103
Dependence of exemption on engagement in described distribution.
Section 794.104
Enterprises engaged in described distribution and in other activities.
Section 794.105
Other requirements for exemption.
Section 794.106
Statutory definition of “enterprise.”
Section 794.107
“Establishment” distinguished.
Section 794.108
Scope of enterprise must be known before exemption tests can be applied.
Section 794.109
Statutory basis for inclusion of activities in enterprise.
Section 794.110
Activities excluded from the enterprise by the statute.
Section 794.111
General characteristics of the statutory enterprise.
Section 794.112
Only independent and local enterprises qualify for exemption.
Section 794.113
The enterprise must be “local.”
Section 794.114
The enterprise must be “independently owned and controlled.”
Section 794.115
“Independently owned.”
Section 794.116
“Independently * * * controlled.”
Section 794.117
Effect of franchises and other arrangements.
Section 794.118
Effect of unrelated activities.
Section 794.119
Dependence of exemption on sales volume of the enterprise.
Section 794.120
Meaning of “annual gross volume of sales.”
Section 794.121
Exclusion of excise taxes.
Section 794.122
Ascertainment of “annual” gross sales volume.
Section 794.123
Method of computing annual volume of sales.
Section 794.124
Computations on a fiscal year basis.
Section 794.125
Grace period of 1 month for compliance.
Section 794.126
Computations for a new business.
Section 794.127
Exemption conditioned on making 75 percent of sales within the State.
Section 794.128
Sales made to out-of-State customers.
Section 794.129
Sales “made within the State” not limited to noncovered activity.
Section 794.130
Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum products for resale.
Section 794.131
“Customer * * * engaged in bulk distribution”.
Section 794.132
“Petroleum products”.
Section 794.133
“Bulk” distribution.
Section 794.134
Distribution “for resale.”
Section 794.135
Employees who are exempt.
Section 794.136
Employees whose activities may qualify them for exemption.
Section 794.137
Effect of activities other than “wholesale or bulk distribution of petroleum products.”
Section 794.138
Workweek unit in applying the exemption.
Section 794.139
Exempt and nonexempt activities in the workweek.
Section 794.140
Compensation requirements for a workweek under section 7(b)(3).
Section 794.141
Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements.
Section 794.142
Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek.
Section 794.143
Work exempt under another section of the Act.
Section 794.144
Records to be maintained.