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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 29--Labor
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
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
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| General scope of the Act. |
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| Matters discussed in this part. |
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| Significance of official interpretations. |
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| Basic support for interpretations. |
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| Reliance on interpretations. |
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| Interpretations made,, and superseded by this part. |
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Subpart B--EXEMPTION FROM OVERTIME PAY REQUIREMENTS UNDER SECTION 7(B)(3) OF THE ACT
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| Intended scope of exemption. |
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| Guides for construing exemptions. |
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| Dependence of exemption on engagement in described distribution. |
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| Enterprises engaged in described distribution and in other activities. |
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| Other requirements for exemption. |
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| Statutory definition of ''enterprise.'' |
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| ''Establishment'' distinguished. |
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| Scope of enterprise must be known before exemption tests can be applied. |
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| Statutory basis for inclusion of activities in enterprise. |
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| Activities excluded from the enterprise by the statute. |
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| General characteristics of the statutory enterprise. |
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| Only independent and local enterprises qualify for exemption. |
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| The enterprise must be ''local.'' |
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| The enterprise must be ''independently owned and controlled.'' |
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| ''Independently * * * controlled.'' |
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| Effect of franchises and other arrangements. |
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| Effect of unrelated activities. |
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| Dependence of exemption on sales volume of the enterprise. |
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| Meaning of ''annual gross volume of sales.'' |
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| Exclusion of excise taxes. |
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| Ascertainment of ''annual'' gross sales volume. |
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| Method of computing annual volume of sales. |
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| Computations on a fiscal year basis. |
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| Grace period of 1 month for compliance. |
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| Computations for a new business. |
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| Exemption conditioned on making 75 percent of sales within the State. |
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| Sales made to out-of-State customers. |
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| Sales ''made within the State'' not limited to noncovered activity. |
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| Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum products for resale. |
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| ''Customer * * * engaged in bulk distribution''. |
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| Distribution ''for resale.'' |
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| Employees who are exempt. |
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| Employees whose activities may qualify them for exemption. |
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| Effect of activities other than ''wholesale or bulk distribution of petroleum products.'' |
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| Workweek unit in applying the exemption. |
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| Exempt and nonexempt activities in the workweek. |
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| Compensation requirements for a workweek under section 7(b)(3). |
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| Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements. |
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| Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek. |
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| Work exempt under another section of the Act. |
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| Records to be maintained. |
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