The activities for which the section 7(b)(3) partial exemption was
intended are discussed generally in Secs. 794.103 through 794.104. In
accordance with the principles there set forth, those employees employed
in an enterprise which qualifies for application of the exemption, who
are engaged in the storage and delivery of petroleum products for the
enterprise, and those employees whose work is required for the
performance of the activities in the wholesale or bulk distribution of
the petroleum products or the related activities customarily performed
as an incident to or in conjunction with such distribution in the
enterprises of the industry which distributes such products, are
employees for whom the employer may take the exemption provided they are
paid in accordance with the special compensation provisions of section
7(b)(3). Thus, so long as these payment requirements are met, the
exemption is applicable not only to such employees as drivers, helpers,
loaders,
dispatchers, and warehousemen engaged in the bulk delivery and storage
of petroleum products, but also to such employees as office, management,
and sales personnel, maintenance, custodial, protective personnel, and
any others, who engage in related functions customarily carried on by
such enterprises in the industry in conjunction with the wholesale and
bulk distribution of the petroleum products.
