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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter V - Wage and Hour Division, Department of Labor |
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SubChapter B - Statements of General Policy or Interpretation Not Directly Related to Regulations |
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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
| 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| § 794.7 - Interpretations made, continued, and superseded by this part.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 |
| 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” |
| 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.” |
| 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. |
| Records to Be Kept by Employers |
| § 794.144 - Records to be maintained. |
| “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. |
| 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. |
| 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. |
| 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. |