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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 794  

Partial Overtime Exemption for Employees of Wholesale or Bulk Petroleum Distributors Under Section 7(B)(3) of the Fair Labor Standards Act

 

 

 

Subpart B  

Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act

29 CFR 794.107 - ``Establishment'' distinguished.

  • Section Number: 794.107
  • Section Name: ``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.''
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