About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 
Home   |   Customers   |   Vendors   |   Libraries  

The Electronic Code of Federal Regulations (e-CFR) is a regularly updated, unofficial editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office.

Parallel Table of Authorities and Rules for the Code of Federal Regulations and the United States Code
Text | PDF

Find, review, and submit comments on Federal rules that are open for comment and published in the Federal Register using Regulations.gov.

Purchase individual CFR titles from the U.S. Government Online Bookstore.

Find issues of the CFR (including issues prior to 1996) at a local Federal depository library.

[1]
 
 

Electronic Code of Federal Regulations

blue pill

e-CFR Data is current as of October 23, 2014

Title 29Subtitle BChapter VSubchapter BPart 794


TITLE 29—Labor

Subtitle B—REGULATIONS RELATING TO LABOR (CONTINUED)

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

rule

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Interpretations made, continued, and superseded by this part.
rule

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.


For questions or comments regarding e-CFR editorial content, features, or design, email ecfr@nara.gov.
For questions concerning e-CFR programming and delivery issues, email webteam@gpo.gov.