[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: 29CFR794.139]

[Page 712-713]
 
                             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. 794.139  Exempt and nonexempt activities in the workweek.

    The general nature of the activities of a wholesale or bulk 
petroleum distribution enterprise in which an employee must be engaged 
in order to come within the intent of the section 7(b)(3) exemption is 
discussed in Sec. Sec. 794.136 through 794.137. In each case where an 
employee of the enterprise is engaged for a substantial portion of his 
workweek in activities which do not appear to be a part of the wholesale 
or bulk distribution of petroleum products, it will be necessary to 
examine such activities and the manner and extent of their performance 
to determine whether they are included in or are foreign to the 
activities customarily performed as an incident to or in conjunction 
with such distribution in the enterprises of the industry which 
distributes such products. If they are foreign

[[Page 713]]

to the activities thus customarily performed, engagement in them by the 
employee for a substantial portion of his workweek will render section 
7(b)(3) inapplicable to him for that workweek. On the other hand, where 
an employee, who is otherwise engaged in the exempt activities (the 
wholesale or bulk distribution of petroleum products, including 
activities which are a necessary part thereof, and in activities 
customarily performed in the enterprises of the industry as an incident 
thereto or in conjunction therewith), devotes an insubstantial amount of 
time (for administrative purposes, not more than 20 percent in a 
workweek) to these foreign activities, the section 7(b)(3) exemption 
will not for that reason be considered inapplicable to him.