29 C.F.R. § 794.112 Only independent and local enterprises qualify for exemption.
Title 29 - Labor
The legislative history of the exemption (§794.101) shows that the proponents of an amendment to provide the relief which it grants from the overtime pay provisions of the Act were organizations of independent local merchants who did not as a rule engage extensively in interstate operations such as those typical of major oil companies, and who functioned primarily at the local level in distributing petroleum products at wholesale or in bulk. As a result the exemption provided by the Act, like that requested, was limited to enterprises which are “local” (§794.113) and are “independently owned and controlled” (§§794.114–794.118).
Title 29: 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
“Independently Owned and Controlled Local Enterprise”
§ 794.112 Only independent and local enterprises qualify for exemption.
