[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: 29CFR794.119]

[Page 707]
 
                             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. 794.119  Dependence of exemption on sales volume of the enterprise.

    It is a requirement of the section 7(b)(3) exemption that the annual 
gross volume of sales of the enterprise must be less than $1 million 
exclusive of excise taxes. This dollar volume test is separate and 
distinct from the $250,000 annual gross volume (of sales made or 
business done) test in section 3(s)(1) of the Act. This latter test is 
for the purpose of determining coverage as an enterprise engaged in 
commerce or in the production of goods for commerce; whereas the $1 
million test is for limiting the 7(b)(3) exemption to enterprises with 
annual sales of less than that amount.