29 CFR Part 794
PART 794—PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK PETROLEUM DISTRIBUTORS UNDER SECTION 7(b)(3) OF THE FAIR LABOR STANDARDS ACT
- PART 794—PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK PETROLEUM DISTRIBUTORS UNDER SECTION 7(b)(3) OF THE FAIR LABOR STANDARDS ACT
- Subtitle B—Regulations Relating to Labor › Chapter V—Wage and Hour Division, Department of Labor › Subchapter B—Statements of General Policy or Interpretation Not Directly Related to Regulations
- Subpart A—General
- § 794.1 General scope of the Act.
- § 794.2 Purpose of this part.
- § 794.3 Matters discussed in this part.
- § 794.4 Significance of official interpretations.
- § 794.5 Basic support for interpretations.
- § 794.6 Reliance on interpretations.
- § 794.7 Interpretations made, continued, and superseded by this part.
- Subpart B—Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act
- Scope and Application in General
- § 794.100 The statutory provision.
- § 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.
- The “Enterprise”
- § 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.
- “Independently Owned and Controlled Local 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.
- Annual Gross Volume of Sales
- § 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.
- Sales Made Within the State
- § 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.
- Sales Made to Other Bulk Distributors
- § 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.”
- Application of Exemption to Employees
- § 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.
- Records to be Kept by Employers
- § 794.144 Records to be maintained.