[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: 29CFR794.127]

[Page 753-754]
 
                             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. 794.127  Exemption conditioned on making 75 percent of sales within 
the State.

    A further requirement of the section 7(b)(3) exemption is that more 
than 75 percent of the sales of the enterprise engaged in the wholesale 
or bulk distribution of petroleum products (measured by annual dollar 
volume) must be made ``within the State in which such enterprise is 
located.'' This means that over 75 percent of the annual dollar volume 
of sales must be from sales to customers within the same State in which 
the enterprise is located. If 25 percent or more of its sales volume is

[[Page 754]]

from sales to customers outside the State of its location, the 
requirement is not met and the enterprise cannot qualify for exemption.