[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: 29CFR794.123]

[Page 752-753]
 
                             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. 794.123  Method of computing annual volume of sales.

    (a) Where the enterprise, during the portion of its current income 
tax year up to the end of the current payroll period, has already had a 
gross volume of sales in excess of the amount specified in the statute, 
it is plain that its annual gross volume of sales currently is in excess 
of the statutory amount.

[[Page 753]]

    (b) Where the enterprise has not yet in such current year exceeded 
the statutory amount in its gross volume of sales, but has had, in the 
most recently ended year used by it for income tax purposes, a gross 
volume of sales in excess of the amount specified in the Act, the 
enterprise will be deemed to have an annual gross volume of sales in 
excess of such statutory amount, unless use of the method set forth in 
paragraph (c) of this section establishes a gross annual volume less 
than the statutory amount.
    (c) When it is necessary to make a computation of the annual gross 
volume of sales of the enterprise the following method shall be used: At 
the beginning of each calendar quarter (Jan. 1-Mar. 31; Apr. 1-June 30; 
July 1-Sept. 30; Oct. 1-Dec. 31), the gross receipts from all of its 
sales during the annual period (12 calendar months) which immediately 
precedes the current calendar quarter, is totaled. In this manner the 
employer, by calculating the sales of his enterprise, will know whether 
or not the dollar volume tests have been met for the purpose of 
complying with the law in the workweeks ending in the current calendar 
quarter.