[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: 29CFR794.106]

[Page 747]
 
                             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. 794.106  Statutory definition of ``enterprise.''

    The term ``enterprise'' is defined in section 3(r) of the Act. That 
definition (insofar as it affects a wholesale or bulk petroleum 
distributor) is as follows:

    ``Enterprise'' means the related activities performed (either 
through unified operation or common control) by any person or persons 
for a common business purpose, and includes all such activities whether 
performed in one or more establishments or by one or more corporate or 
other organizational units including departments of an establishment 
operated through leasing arrangements, but shall not include the related 
activities performed for such enterprise by an independent contractor: 
Provided, That within the meaning of this subsection, a retail or 
service establishment which is under independent ownership shall not be 
deemed to be so operated or controlled as to be other than a separate 
and distinct enterprise by reason of any arrangement, which includes, 
but is not necessarily limited to, an agreement (1) that it will sell, 
or sell only, certain goods specified by a particular manufacturer, 
distributor, or advertiser, or (2) that it will join with other such 
establishments in the same industry for the purpose of collective 
purchasing, or (3) that it will have the exclusive right to sell the 
goods or use the brand name of a manufacturer, distributor, or 
advertiser within a specified area, or by reason of the fact that it 
occupies premises leased to it by a person who also leases premises to 
other retail or service establishments.

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