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- § 794.7— Interpretations made, continued, and superseded by this part.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
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.”
- § 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.
- § 794.144— Records to be maintained.