[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: 29CFR794.116]

[Page 751]
 
                             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. 794.116  ``Independently * * * controlled.''

    As explained in Sec. 794.114, the enterprise in addition to being 
independently owned must also be ``independently controlled.'' The test 
here is whether the individual, partnership, or corporation which owns 
the enterprise also controls the enterprise as an independent 
businessman, free of control by any so-called major oil company or other 
person engaged in the petroleum business. Control by others may be 
evidenced by ownership; but control may exist in the absence of any 
ownership. For example where an enterprise engaged in the wholesale or 
bulk distribution of petroleum products enters into franchise or other 
arrangements which have the effect of restricting the products it 
distributes, the prices it may charge, or otherwise controlling the 
activities of the enterprise in those respects which are the common 
attributes of an independent businessman, these facts may establish that 
the enterprise is not ``independently controlled'' as required by the 
exemption under section 7(b)(3). (Wirtz v. Lunsford, 404 F. 2d 693 (C.A. 
6).)