[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR794.107]

[Page 703]
 
                             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. 794.107  ``Establishment'' distinguished.

    The ``enterprise'' referred to in the section 7(b)(3) exemption is 
to be distinguished from an ``establishment''. As used in the Act, the 
term ``establishment'', which is not specially defined therein, refers 
to a ``distinct physical place of business'' rather than to ``an entire 
business or enterprise'' which may include several separate places of 
business. (See Phillips v. Walling, 324 U.S. 490; Mitchell v. Bekins Van 
& Storage Co., 352 U.S. 1027; 95 Congressional Record 12505, 12579, 
14877; H. Rept. No. 1453, 81st Cong., first session, p. 25.) It will be 
noted from the definition of ``enterprise'' in section 3(r), as set 
forth in Sec. 794.106, that the activities of the enterprise may be 
``performed in one or more establishments,'' and section 7(b)(3) 
specifies that the enterprises to which its exemption requirements are 
applicable will include ``an enterprise with more than one bulk storage 
establishment.''