UNITED STATES OF AMERICA

Part 794-Wholesale or Bulk Distribution of Petroleum Products by Certain Enterprises;
Employment Exempt From Overtime Pay Requirements of Fair Labor Standards Act
Under Section 13(b)(10)

Subpart A-General

Interpretations made, continued, and superseded
by this part.

794.16 Pay standards for "newly covered" employees. 794.17 Pay standards applicable beginning September 3, 1965.

EXAMPLES OF APPLICATION OF BASIC COVERAGE PROVISIONS
TO EMPLOYMENT IN WHOLESALE OR BULK DISTRIBUTION
OF PETROLEUM PRODUCTS

Introductory statement.

Covered employment in general.

Relationship of work to inflow of products from outside the State.

Relationship of work to products that move out of the State.

Relationship of work to interstate commerce

EMPLOYMENT COVERED BY THE ACT, TO WHICH OVERTIME
PAY REQUIREMENTS WILL NOT APPLY IF THE CONDI-
TIONS OF SECTION 13(b) (10) ARE MET

794.18

794.19

Custodial and maintenance employees.
Salesmen and sales clerks.

activity within the State.

Transportation employees.

Office employees.

Warehouse and bulk storage station employees.
Watchmen and guards.

Subpart B-Exemption From Overtime Pay Requirements Under Section 13(b)(10) of the Act

Sec.

794.112 The single establishment business.
794.113 The multi-unit business.

794.114 Complex business organizations.
794.115

794.103 Dependence of exemption on engagement in

described distribution.

794.116

794.104 Enterprises engaged in described distribution

Inclusion of activities in enterprise as dependent on method and purpose of performing them. "Common business purpose". 794.117 "Unified operation".

794.118

"Common control".

and in other activities.

794.105 Other requirements for exemption.

THE "ENTERPRISE"

"RELATED" ACTIVITIES WHICH CONSTITUTE THE
ENTERPRISE

794.119 "Related" activities in general.

What are "related activities".

794.106 Statutory definition of enterprise.

794.107 Establishment distinguished.

794.108 Scope of enterprise must be known before exemption tests can be applied.

794.109 Statutory basis for inclusion of activities in enterprise.

794.110 Activities excluded from the "enterprise" by the statute.

794.111 General characteristics of the statutory

"enterprise".

794.120

794.121

Engaging in the wholesale or bulk distribution of petroleum products.

794.122 Operation of gasoline service stations as "related" activity.

a

794.123 Leasing retail outlets to others as a "related" activity.

794.124 Other activities which may be a part of the

enterprise.

794.125 Status of activities which are not "related".