Subpart B. Subpart B—Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act

• Scope and Application in General

  • SECTION § 794.100 - The statutory provision.
  • SECTION § 794.101 - Intended scope of exemption.
  • SECTION § 794.102 - Guides for construing exemptions.
  • SECTION § 794.103 - Dependence of exemption on engagement in described distribution.
  • SECTION § 794.104 - Enterprises engaged in described distribution and in other activities.
  • SECTION § 794.105 - Other requirements for exemption.

• The “Enterprise”

  • SECTION § 794.106 - Statutory definition of “enterprise.”
  • SECTION § 794.107 - “Establishment” distinguished.
  • SECTION § 794.108 - Scope of enterprise must be known before exemption tests can be applied.
  • SECTION § 794.109 - Statutory basis for inclusion of activities in enterprise.
  • SECTION § 794.110 - Activities excluded from the enterprise by the statute.
  • SECTION § 794.111 - General characteristics of the statutory enterprise.

• “Independently Owned and Controlled Local Enterprise”

  • SECTION § 794.112 - Only independent and local enterprises qualify for exemption.
  • SECTION § 794.113 - The enterprise must be “local.”
  • SECTION § 794.114 - The enterprise must be “independently owned and controlled.”
  • SECTION § 794.115 - “Independently owned.”
  • SECTION § 794.116 - “Independently * * * controlled.”
  • SECTION § 794.117 - Effect of franchises and other arrangements.
  • SECTION § 794.118 - Effect of unrelated activities.

• Annual Gross Volume of Sales

  • SECTION § 794.119 - Dependence of exemption on sales volume of the enterprise.
  • SECTION § 794.120 - Meaning of “annual gross volume of sales.”
  • SECTION § 794.121 - Exclusion of excise taxes.
  • SECTION § 794.122 - Ascertainment of “annual” gross sales volume.
  • SECTION § 794.123 - Method of computing annual volume of sales.
  • SECTION § 794.124 - Computations on a fiscal year basis.
  • SECTION § 794.125 - Grace period of 1 month for compliance.
  • SECTION § 794.126 - Computations for a new business.

• Sales Made Within the State

  • SECTION § 794.127 - Exemption conditioned on making 75 percent of sales within the State.
  • SECTION § 794.128 - Sales made to out-of-State customers.
  • SECTION § 794.129 - Sales “made within the State” not limited to noncovered activity.

• Sales Made to Other Bulk Distributors

  • SECTION § 794.130 - Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum products for resale.
  • SECTION § 794.131 - “Customer * * * engaged in bulk distribution”.
  • SECTION § 794.132 - “Petroleum products”.
  • SECTION § 794.133 - “Bulk” distribution.
  • SECTION § 794.134 - Distribution “for resale.”

• Application of Exemption to Employees

  • SECTION § 794.135 - Employees who are exempt.
  • SECTION § 794.136 - Employees whose activities may qualify them for exemption.
  • SECTION § 794.137 - Effect of activities other than “wholesale or bulk distribution of petroleum products.”
  • SECTION § 794.138 - Workweek unit in applying the exemption.
  • SECTION § 794.139 - Exempt and nonexempt activities in the workweek.
  • SECTION § 794.140 - Compensation requirements for a workweek under section 7(b)(3).
  • SECTION § 794.141 - Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements.
  • SECTION § 794.142 - Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek.
  • SECTION § 794.143 - Work exempt under another section of the Act.

• Records to be Kept by Employers

  • SECTION § 794.144 - Records to be maintained.