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Content Last Revised: 10/22/70 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Partial Overtime Exemption for Employees of Wholesale or Bulk Petroleum Distributors Under Section 7(B)(3) of the Fair Labor Standards Act |
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| Subpart B | Exemption From Overtime Pay Requirements Under Section 7(b)(3) of the Act |
Sec.
Name
The statutory provision. Scope and Application in General
Intended scope of exemption.
Guides for construing exemptions.
Dependence of exemption on engagement in described distribution.
Enterprises engaged in described distribution and in other activities.
Other requirements for exemption.
Statutory definition of ``enterprise.''
``Establishment'' distinguished.
Scope of enterprise must be known before exemption tests can be applied.
Statutory basis for inclusion of activities in enterprise.
Activities excluded from the enterprise by the statute.
General characteristics of the statutory enterprise.
Only independent and local enterprises qualify for exemption.
The enterprise must be ``local.''
The enterprise must be ``independently owned and controlled.''
``Independently owned.''
``Independently * * * controlled.''
Effect of franchises and other arrangements.
Effect of unrelated activities.
Dependence of exemption on sales volume of the enterprise.
Meaning of ``annual gross volume of sales.''
Exclusion of excise taxes.
Ascertainment of ``annual'' gross sales volume.
Method of computing annual volume of sales.
Computations on a fiscal year basis.
Grace period of 1 month for compliance.
Computations for a new business.
Exemption conditioned on making 75 percent of sales within the State.
Sales made to out-of-State customers.
Sales ``made within the State'' not limited to noncovered activity.
Not more than 25 percent of sales may be to customers engaged in bulk distribution of petroleum products for resale.
``Customer * * * engaged in bulk distribution''.
``Petroleum products''.
``Bulk'' distribution.
Distribution ``for resale.''
Employees who are exempt.
Employees whose activities may qualify them for exemption.
Effect of activities other than ``wholesale or bulk distribution of petroleum products.''
Workweek unit in applying the exemption.
Exempt and nonexempt activities in the workweek.
Compensation requirements for a workweek under section 7(b)(3).
Workweeks when hours worked do not exceed 12 in any day or 56 in the week; compensation requirements.
Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked in the workweek.
Work exempt under another section of the Act.
Records to be maintained.
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