[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: 29CFR794.136]

[Page 756]
 
                             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. 794.136  Employees whose activities may qualify them for exemption.

    The activities for which the section 7(b)(3) partial exemption was 
intended are discussed generally in Sec. Sec. 794.103 through 794.104. 
In accordance with the principles there set forth, those employees 
employed in an enterprise which qualifies for application of the 
exemption, who are engaged in the storage and delivery of petroleum 
products for the enterprise, and those employees whose work is required 
for the performance of the activities in the wholesale or bulk 
distribution of the petroleum products or the related activities 
customarily performed as an incident to or in conjunction with such 
distribution in the enterprises of the industry which distributes such 
products, are employees for whom the employer may take the exemption 
provided they are paid in accordance with the special compensation 
provisions of section 7(b)(3). Thus, so long as these payment 
requirements are met, the exemption is applicable not only to such 
employees as drivers, helpers, loaders, dispatchers, and warehousemen 
engaged in the bulk delivery and storage of petroleum products, but also 
to such employees as office, management, and sales personnel, 
maintenance, custodial, protective personnel, and any others, who engage 
in related functions customarily carried on by such enterprises in the 
industry in conjunction with the wholesale and bulk distribution of the 
petroleum products.