[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: 29CFR794.120]

[Page 752]
 
                             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. 794.120  Meaning of ``annual gross volume of sales.''

    The annual gross volume of sales of an enterprise consists of its 
gross receipts from all types of sales during a 12-month period (Sec. 
794.122). The gross volume derived from all sales transactions is 
included, and will embrace among other things receipts from service, 
credit, or similar charges. However, credits for goods returned or 
exchanged (as distinguished from ``trade-ins''), rebates, discounts, and 
the like are not ordinarily included in the annual gross volume of 
sales. In determining whether the million dollar limit on annual gross 
sales volume is or is not exceeded, the sales volume from all the 
related activities which constitute the enterprise must be included; the 
dollar volume of the entire business in all establishments is added 
together. Thus, the gross volume of sales will include the receipts from 
sales made by any gasoline service stations of the enterprise, as well 
as the sales made by any other establishments of the enterprise. These 
principles and their application are considered in more detail in parts 
776 and 779 of this chapter, which contain general discussions of 
``annual gross volume'' as used in other provisions of the Act.