The ordinary gasoline service establishment is a covered enterprise
under the Act if it has an annual gross volume of sales made or business
done of not less than $250,000 a year, exclusive of excise taxes at the
retail level which are separately stated, and meets the other tests of
section 3(s)(5) of the prior Act and section 3(s)(1) of the amended Act.
Beginning February 1, 1969, enterprise coverage extends to any gasoline
service establishment in an enterprise which has an annual gross volume
in such amount, even if the establishment's annual gross volume is less.
However, a gasoline service establishment with gross sales of less than
$250,000, exclusive of excise taxes at the retail level which are
separately stated, may qualify for the minimum wage and overtime pay
exemption provided in section 13(a)(2) of the Act if it meets the
requirements of that section. Section 779.313 summarizes the
requirements. An overtime pay exemption, which was repealed by the 1966
amendments, existed until February 1, 1967, for employees of ordinary
gasoline service establishments under the prior Act. Thus, nonexempt
employees of a covered gasoline service establishment enterprise are
subject to the minimum wage standards for previously covered employment
and the overtime pay requirements for newly covered employment as listed
below:
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Minimum wage: Beginning
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$1.40 an hour............................. February 1, 1967.
$1.60 an hour............................. February 1, 1968 and
thereafter.
Overtime pay after:
44 hours in a workweek.................... February 1, 1967.
42 hours in a workweek.................... February 1, 1968.
40 hours in a workweek.................... February 1, 1969 and
thereafter.
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The particular considerations affecting coverage and exemptions are
discussed in subsequent sections. The statutory language contained in
section 3(s)(5) of the prior Act and 3(s)(1) of the amended Act may be
found in Sec. 779.22.
