[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: 29CFR794.101]

[Page 745-746]
 
                             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. 794.101  Intended scope of exemption.

    Under section 7(b)(3) of the Act, the intent of the exemption must 
be given effect in determining the scope of its application to an 
enterprise and to the employees of an enterprise. The statutory language 
must be applied to the facts in a manner consistent with the purpose of 
the exemption as evidenced by its legislative history. This purpose is 
to relieve the described enterprises from the application of the Act's 
general overtime pay requirements (in the limited manner specified in 
the exemption) to employment in their activities of distributing 
petroleum products. Such employment was stated to be affected by 
climatic, seasonal, and other pertinent factors characteristic of 
business operations in the distribution of such products. (See, in this 
connection, the following documents of 87th Cong., first sess.; H. Rept. 
No. 75, pp. 26, 27, 36; 105 Congressional Record (daily edition) p. 
4519; S. Rept. No. 145, pp. 37, 50; H. Rept. No. 327, p. 18; Hearings 
before Senate Subcommittee on Labor on S. 256, S. 879, and S. 895, at 
pp. 411-424; Hearings before House Special Subcommittee on Labor on H.R. 
2935, at pp. 422-425 and 627-629; and these documents of the 89th Cong., 
second sess.; H. Rept. No. 1366, pp. 12, 13, and 43;

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Cong. Record (daily edition) p. 10745; S. Rept. No. 1487, pp. 32 and 
51.)