[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: 29CFR794.110]

[Page 748]
 
                             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. 794.110  Activities excluded from the enterprise by the statute.

    The circumstances under which certain activities will be excluded 
from the ``enterprise'' referred to in the Act are made clear by the 
definition quoted in Sec. 794.106. The definition distinguishes between 
the related activities performed through unified operation and common 
control for a common business purpose by the participants in the 
enterprise, and activities which are related to these activities but are 
performed for the enterprise by a bona fide independent contractor (for 
example, an independent accounting or auditing firm). The latter 
activities are expressly excluded from the ``enterprise'' as defined. In 
addition, the definition contains a proviso detailing certain 
circumstances under which a retail or service establishment under 
independent ownership will not lose its status as a separate and 
distinct enterprise by reason of certain franchise and other 
arrangements which it may enter into with others. This proviso, the 
effect of which is more fully explained in parts 776 and 779 of this 
chapter, may be important to wholesale or bulk distributors of petroleum 
products in determining whether the effect of particular arrangements 
which they may make with retailers of their products will be to include 
activities of the latter with their own activities in the same 
enterprise for purposes of the Act.