[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR794.100]

[Page 745]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 794_PARTIAL OVERTIME EXEMPTION FOR EMPLOYEES OF WHOLESALE OR BULK 
 
Subpart B_Exemption From Overtime Pay Requirements Under Section 7(b)(3) 
                               of the Act
 
Sec. 794.100  The statutory provision.

                    Scope and Application in General


    Section 7(b)(3) of the Act provides a partial exemption from the 
overtime pay requirements of section 7 (but not from the minimum wage, 
equal pay or child labor requirements) for any employee employed

by an independently owned and controlled local enterprise (including an 
enterprise with more than one bulk storage establishment) engaged in the 
wholesale or bulk distribution of petroleum products if:
    (A) The annual gross volume of sales of such enterprise is less than 
$1 million exclusive of excise taxes;
    (B) More than 75 per centum of such enterprise's annual dollar 
volume of sales is made within the State in which such enterprise is 
located, and
    (C) Not more than 25 per centum of the annual dollar volume of sales 
of such enterprise is to customers who are engaged in the bulk 
distribution of such products for resale, and such employee receives 
compensation for employment in excess of 40 hours in any workweek at a 
rate not less than one and one-half times the minimum wage applicable to 
him under section 6, and if such employee receives compensation for 
employment in excess of 12 hours in any workday, or for employment in 
excess of 56 hours in any workweek, as the case may be, at a rate not 
less than one and one-half times the regular rate at which he is 
employed.