29 CFR § 794.108 - Scope of enterprise must be known before exemption tests can be applied.

---
identifier: "/us/cfr/t29/s794.108"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 794.108 - Scope of enterprise must be known before exemption tests can be applied."
title_number: 29
title_name: "Labor"
section_number: "794.108"
section_name: "Scope of enterprise must be known before exemption tests can be applied."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS"
part_number: "794"
part_name: "PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK PETROLEUM DISTRIBUTORS UNDER SECTION 7(b)(3) OF THE FAIR LABOR STANDARDS ACT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1-19, 52 Stat. 1060, as amended; 29 U.S.C. 201-219."
regulatory_source: "35 FR 16510, Oct. 22, 1970, unless otherwise noted."
cfr_part: "794"
---


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

The scope of the “enterprise” as defined by section 3(r) of the Act must be ascertained before it is possible to apply the tests for exemption contained in section 7(b)(3) which are based on the dollar volume of sales of the “enterprise”. The activities included in the enterprise must be known, and any activities not a part of the enterprise must be excluded before the dollar volume of sales derived from the activities of the enterprise can be computed.