[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: 29CFR794.131]

[Page 710]
 
                             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. 794.131  ``Customer * * * engaged in bulk distribution''.

    A sale to a customer of an enterprise engaged in the wholesale or 
bulk distribution of petroleum products will be considered to come 
within the 25 percent limitation for purposes of the exemption under 
section 7(b)(3) if it is made to a ``customer who is engaged in the bulk 
distribution of such products for resale''. The identity of such 
customers is generally well known in the trade. For example, this would 
generally include other petroleum jobbers, brokers, wholesalers, and any 
others who engaged in the bulk distribution of petroleum products for 
resale. Thus a sale to a petroleum jobber who is engaged in selling 
petroleum products to gasoline stations would clearly be a sale to a 
customer described in section 7(b)(3). The essential tests are: first, 
that the customer must be one who is engaged in the distribution of 
``such products'', which means petroleum products; second, that he must 
engage in ``the bulk distribution'' of such products; and finally, that 
he must be engaged in such distribution ``for resale''. These three 
requirements are discussed in Sec. Sec. 794.132 through 794.134.