{"data":{"id":"us/29-cfr-794.107","jurisdiction":"us","citation":"29 CFR 794.107","heading":"“Establishment” distinguished.","body":"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 \u0026 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 § 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.”","path":["Title 29—Labor","Subtitle B—Regulations Relating to Labor","CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR","SUBCHAPTER B—STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS","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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-29.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:20Z","sha256":"3f70b84437075eebf2140c2f989b2dfc9416ef0f7181b70c4e5ccc9f2aeb9206","source_id":"us-cfr","stale":true,"prev":"us/29-cfr-794.106","next":"us/29-cfr-794.108"},"notice":"GroundRules: Original legal text. Not legal advice."}